Is evidence of voluntary intoxication admissible to negate the intent required for a battery crime such as battery?

California, United States of America


The following excerpt is from People v. Castaneda, C085960 (Cal. App. 2019):

Generally, evidence of voluntary intoxication is not admissible to negate the intent required for general intent crimes such as battery. (People v. Atkins (2001) 25 Cal.4th 76, 81.) However, evidence of voluntary intoxication is admissible to establish whether an aider and abettor acted with knowledge of the direct perpetrator's criminal purpose and an intent to commit, encourage, or facilitate the commission of the offense. (People v. Mendoza (1998) 18 Cal.4th 1114, 1123.) Accordingly, evidence of voluntary intoxication is admissible to establish whether an aider and abettor acted with that required mental state even if the target offense is a general intent crime. (Id. at pp. 1131-1134.)

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