Is intoxication a defense to an alleged burglary?
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Is intoxication a defense to an alleged burglary?
My husband went out-of-state for a funeral got drunk. He was knocking on the wrong door thinking it was his sister’s hous. Hegot into a confrontation with the people who lived there. The police came, took him to jail, and charged him with burglary. However, he was not trying to still anything.
Asked on October 20, 2010 under Criminal Law, Maryland
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Your husband may be able to assert the defense of voluntary intoxication. Burglary is the breaking and entering of the dwelling of another with the intent to commit a felony. Burglary requires the physical act of breaking and entering and the specific intent to commit a felony. If your husband opened the door and entered the house, that would satisfy the elements of breaking and entering. However, since he was intoxicated, he would not have been able to have had the requisite mental state for specific intent to commit a felony. In order to be found guilty of burglary, the prosecutor would have to prove both the physical act of breaking and entering and the requisite mental state of the specific intent to commit a felony. Since your husband was intoxicated, it could be argued that he did not have the requisite mental state of having the specific intent to commit a felony, which would be his defense to the charge of burglary.
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