If I had one to many drinks at a bar one night and caused minor damage and was belligerent to the police, will they charges stick since I was drunk?

UPDATED: Jul 23, 2015

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If I had one to many drinks at a bar one night and caused minor damage and was belligerent to the police, will they charges stick since I was drunk?

I stumbled and broke a piece of trim off the bar, bartender called the cops because I refused to leave. When the cops arrived, I refused to give them my information and was being “disorderly”. I was charged with criminal mischief in 4th degree, and obstruction of government something. None of this was intentional, and I do not remember any of this happening as I was intoxicated. Do you think these chargers will stick?

Asked on July 23, 2015 under Criminal Law, New York


Gregory Abbott / Consumer Law Northwest

Answered 7 years ago | Contributor

Whether the charges will "stick" is highly dependant upon the exact charges and the exact details of what you did and said.  That in turn is complicated by the fact that you don't remember exactly what you did or said and so are highly dependant upon whatever the other witnesses, including the cops, say.  You should review everything with a local criminal defense attorney to see what defenses you may have and/or what sort of a plea bargain might be made with the prosecutor.  If your basic question is whether being drunk is a legitimate defense since nothing you did was intentional, the answer is no, being drunk is NOT a valid defense to most criminal or civil charges though again, only a careful, private review of everything by your own attorney can tell you anything with much certainty.  Good luck.

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