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My husband commited crime being under very heavy Rx medications. Can it be affirmative defence? Thank you for your answer.

My husband is a very ill person. He commited a crime while being under the heavy medications. He did not kill nor physically hurt anyone. The manufacturer of one of the medications states in the prescribing information that their drug can cause abnormal thinking, effects cognive skills. Can that be an affirmative defence in the federal court?

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Attorney answers (3)

Reputation Level 19
In general, the voluntary ingestion of medications is not considered a defense, although under some circumstances it can be used to try to establish that the defendant lacked the mental intent to commit the crime. The specifics of this case, the medical treatment prescribed, the actual medications taken, the potential side-effects of the medication, the actual side-effects reported to the treating physician and other considerations would all need to be reviewed by your husband's lawyer to determine the viability of this type of argument, in conjunction with the crimes charged and a full review of the prosecution's case. Good luck.

DISCLAIMER Since I do not practice law in your State, this answer is provided solely for informational purposes, for you/your husband to use as a starting point when speaking directly with a lawyer in your State. This answer does not constitute legal advice, create an attorney-client relationship, or constitute attorney advertising. I urge you/your husband to immediately contact an experienced criminal defense lawyer admitted to practice law in your State before you make any decisions about this case.
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Avvo Pro

Reputation Level 16
If he chose to take the medication to begin with there will generally be no leniency as a result. Also, there is generally a very high standard for an intoxication defense
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Reputation Level 14
If your husband was following the prescribed dosage of the medication and had no prior reason to be aware of the potential side effects, there is a possibility that he can successfully argue that he had no intent. It is a difficult standard to prove, but an experienced attorney can help you here. Talk to one right away.
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