Tuesday, March 20, 2012

Assault, Bodily Harm, Is a General Intent Crime for which Voluntary Intoxication is not a Defense

State v. Fleck, Minn.S.Ct., 2/15/2012.  This comes up from the court of appeals, which had held that assault, bodily harm, was a specific intent crime for which voluntary intoxication was a defense.  See here.  The supreme court now reverses the court of appeals, holding, despite some sloppy language in earlier opinions, that assault, bodily harm, is not a specific intent crime.  As a general intent crime, voluntary intoxication is not a cognizable defense.

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