Man charged with assault after apparent drug-induced attack

For many crimes in Minnesota, a defendant must have been conscious of his or her acts and known that they were likely to cause some kind of harm. The idea behind this is that if someone had no idea what he or she was doing he or she probably shouldn’t be criminally punished for it. This issue often comes up when it is found that a defendant was so intoxicated or so high that it would have been nearly impossible to know what he or she was doing. Many people in Minneapolis are less willing to listen to this kind of defense, however, because it was the individual’s choice to drink or do drugs.

This issue will likely be raised in the case of a young man who appears to have been under the influence of something when he attacked his neighbor. The 20-year-old has been charged with a host of violent crimes, including strangulation, assault and menacing.

The incident happened in the woods of Oregon when a 58-year-old man says he was attacked by his naked 20-year-old neighbor. The young man was apparently talking about being a descendant of Sasquatch as he took a small rock and tried to hit the older man in the head. Eventually, however, the man was able to push the younger man off and hold him at gun point until the police arrived.

The question remains: would the young man have attacked his neighbor if he hadn’t been on some kind of drugs or alcohol? Can he really be held accountable for his actions?

Source: Time, “Naked Man Claiming to Be a Descendent of Sasquatch Attacks Hunter,” Melissa Locker, October 11, 2013

Max Keller has won countless jury trial cases involving misdemeanors and felonies, sex crimes, and DWI’s. He is a member of the Minnesota Society for Criminal Justice, which only allows the top 50 criminal defense attorneys in the state as members. Max is a frequent speaker at CLE’s and is often asked for advice by other defense attorneys across Minnesota.

Experience: Practicing since 1997
Minnesota Registration Status: Active
Bar & Court Admissions: State of Minnesota Minnesota State Court Minnesota Federal Court 8th Circuit Federal Court of Appeals State of Maryland

What to Do If You Have Been Charged with a Criminal Offense

Can You Be Charged With a Drug Crime Based on Text Messages Alone?

You can be charged with a drug crime based on text messages alone in Minnesota, especially when the messages show intent to purchase, sell, distribute, or traffic drugs. Prosecutors often use text messages to demonstrate intent to commit a drug crime, show a history of drug activity, link you to a specific phone, and corroborate physical evidence. Text messages often strengthen the probable cause required for the police to arrest and charge you. They are, however, not sufficient for a conviction without compelling supporting physical evidence.

Can the Police Lie to You During an Interrogation in Minnesota?

Criminal defendants who interact with police officers for the first time are often left wondering, “Can the police lie to you during an interrogation?” Police officers can lie to you during an interrogation. In fact, deception is a lawful and fully permitted police technique provided the officers do not use it to force a confession. Police often claim possession of non-existent evidence or witnesses to trick you into disclosing information that can aid their investigation.