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Homicide - Other Defenses

criminal charge individual intoxication

Other legal defenses to a charge of criminal homicide include insanity, necessity, accident, and intoxication. Some of these defenses may provide an absolute defense to a charge of criminal homicide; some will not. For instance, a successful defense of voluntary intoxication generally will allow an individual to avoid prosecution for a premeditated murder, but typically it

will not allow an individual to escape liability for any lesser charges, such as second-degree murder or manslaughter. As with any defense to a criminal charge, the accused's mental state will be a critical determinant of whether he or she had the requisite intent or mental capacity to commit a criminal homicide.

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