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Can I plead temporary insanity?

Asked in Victorville, CA - 4 months

I went to winco one day, and put some cough syrup into my pants, this cough syrup is known to induce psychosis in users. I was very high from it at the moment, anyways. I proceeded to buy some things with my EBT and upon leaving the store Loss Prevention got me, I was somewhat scared and made a first move to run, one of the grabbed me and put his foot around mine, I moved my foot and we fell to the floor. they took me and called the police, they found some "spice" and a pipe inside my pocket. Police came and issued a citation for pc 490.5. with a court date. I also stole and ate a Reese's bar before leaving.

Attorney Answers (3)

Jeffrey George Moore

Jeffrey George Moore

Riverside Criminal Defense Attorney

Licensed in CA

Answered 4 months ago. If I'm understanding your facts correctly, no.

It sounds like you were voluntarily intoxicated. That is, you got high and then committed some crimes. That's not really a defense for you. While you can attempt to show that you were so high that you didn't actually have the intent to steal, it's simply not going to work here. You clearly had the intent to steal (hiding it in your pants, purchasing other items, attempting to flee). You seem to be saying that you wouldn't have stolen but for the fact that you got high. That's just not a defense.

By the way, these facts sound very close to an "Estes robbery", which is basically a shoplift with the use of some force. If the case is charged as a simple shoplift, I would strongly urge you to consider accepting a disposition early in the prosecution (after consulting with an attorney, of course).
Any statements I make in these forums (fora?) should not be taken as direct legal advice, merely informed guidance.... more
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Michael Douglas Shafer

Michael Douglas Shafer

Norco Criminal Defense Attorney

Licensed in CA

Answered 4 months ago. No. You can't get voluntarily high and use it as a defense for stupid behavior.
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Kasie Waiyee Lee

Kasie Waiyee Lee

San Francisco Criminal Defense Attorney

Licensed in CA

Answered 4 months ago. Here's a bit more on California's law on insanity: http://www.justia.com/criminal/docs/calcrim/340....

I don't think that will fly. However, if you are a user and actually want to quit, you could perhaps ask an outpatient drug treatment program (if the prosecution is considering jail time).
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