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Intoxication Defense Attroneys for Specific Intent Offenses

The defence of intoxication is only available for ‘specific intent’ offences. For example, if you have been charged with murder, the prosecution would need to prove that you intended to kill the deceased.

For all other offences, the court cannot consider your level of intoxication in determining your guilty. However, the court may in some circumstances take intoxication into account as a mitigating factor, leading to a lesser sentence and/or penalty.

What is the Legal Definition of Intoxication in NSW?

The current legislation lacks a comprehensive definition of intoxication, accordingly the question as to whether a person is intoxicated is determined by the Courts using limited evidence.

In the last few years, intoxication has been a focus in discussions of the exercise of police powers, criminal responsibility and punishment. As a result, increasing attention is now being paid to the way the criminal law deals with intoxication and how the law balances the need to hold people responsible for their actions with the principle that one should only be held accountable for voluntary conduct.

What is Voluntary Intoxication?

Voluntary intoxication is when a person chooses to consume alcohol or to take drugs of their own free will.

What Is Involuntary Intoxication?

As a matter of law, involuntary intoxication occurs when a person is forced or tricked into taking drugs or alcohol.

This could occur when a person is threatened if they do not consume alcohol or drugs or when they are forcibly drugged, or when they are affected by the unforeseen side-effects of a drug.

Involuntary intoxication may also occur when a person is dosed with alcohol or drugs without their knowledge.

What you must show

To raise a successful defence of intoxication you must prove:

You were intoxicated at the time of the offence – the intoxication can be through your own choice to consume alcohol or if for example, your drink was spiked. Intoxication can also refer to the effects from drugs.
The intoxication affected your ability to form the intention to commit the offence – you cannot have intended to commit the crime prior to your intoxication. Often, evidence will need to presented as to the level of intoxication and the effect of the intoxication on you.

Why Choose Lyons Law Group?

If the police have charged you or a loved one, you must attend court. Appearing in court for a criminal charge is usually daunting. Let us help you make the process easier. Here are 10 reasons to choose our team of criminal lawyers from Lyons Law Group;

Result-focused criminal lawyers

Our team will work to achieve the best result for you in the shortest time possible. However, we do aim to provide quality over quantity service to you. Our criminal lawyers appear in all criminal and traffic matters, including trials, sentencing, bail applications, and apprehended violence orders. We are a result-focused firm of lawyers.

At Lyons Law, we do not make any unrealistic promises for results. You will be advised on the most realistic results achievable in your case, including acquittals of all charges against you. Nevertheless, you can be sure that our team will work extremely hard to achieve the best possible outcome for you.

Proven Track Record

Our experienced defence lawyers are passionate about representing their clients and achieving the best outcome. Lyons Law is a team of solicitors who are dedicated, and with our support staff, you can be confident of the highest quality of legal representation. We have an exceptional track record of results. We provide our outstanding client service at an affordable rate for our clients.

Fixed Fees

We always let our clients know how much their cases will cost from the beginning. This makes it easier for them to decide whether or not they want to proceed with the case. Not only do we offer fixed fees for many types of criminal cases and services, but also free first phone consultations. In addition, our firm offers fixed fees applicable to a wide range of Local Court cases such as drink driving, fraud, drug possession, assault, and AVOs.

Free First Conference

For all of those individuals who are going to court, we offer a free first 15-minute phone conference with one of our senior criminal defence lawyer. It is best you email our office all your relevant documents before a conference so criminal lawyers can provide the best advice within that time frame.

Highly experienced criminal defence lawyer

Lyons Law Group is a highly experienced team of criminal lawyers. Our team is led by Mohammad Khan, who is one of the best criminal lawyers in Sydney. He has represented clients in some of Australia’s most high-profile cases and was under the direct tutelage of Australia’s leading criminal lawyer Adam Houda.

Moreover, our team has worked and successfully represented clients on highly complex trials and sentences in NSW.

Work closely with Australia’s leading criminal law barrister

We work closely with some of Australia’s leading criminal law barristers. Barristers are usually instructed in more serious matters, and their experience and input can be invaluable to your case. The barristers we regularly instruct range from Queen’s counsels, Senior counsels and highly experienced junior-senior counsels.

Specialist for District and Supreme Court trials

Our team of sydney criminal lawyers have worked on numerous District and Supreme Court trials in NSW. We have worked on extremely complex criminal law trials that require impeccable preparation and understanding of the law.

Specialist for bail applications in NSW

Lyons Law Group is a highly experienced team of bail lawyers. We have regularly obtained bail for clients for extremely serious charges that carry life sentences. For types of charges, bail is usually denied by a Court.

In house Experts

Our criminal lawyers have in-house investigators with decades of law enforcement experience and assist our team with process service, background checks, integrity testing, investigations, surveillance, and bug detection.

For the preparation of jury trials and defended hearings, these services can be utilised on behalf of our client to achieve the best result.

Appearance at all Courts in NSW

From Broken Hill to Waverly, our criminal lawyers appear in all courts throughout New South Wales.

If you wish to contact us or book your first free 15-minute phone conference, contact us on 0404479096 or send us an email at info@lyonslaw.com.au.