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.

Years of Experience: Approx. 20 years
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

People facing drug crime charges who were victims of unlawful search or seizure may wonder, “What role does search and seizure law play in drug cases?” Under the Fourth Amendment, search and seizure law protects you from unreasonable searches and seizures by law enforcement officers. The Minnesota constitution provides similar protections.
One question that may linger on your mind upon discovering you are under drug crime investigation is: “What should I do if I’m arrested on drug charges?” The first thing you should do if you’re arrested on drug charges in Minneapolis is stay calm and cooperative. Then, document the arrest while the event is still fresh in your mind. Next, hire a lawyer who has built a successful practice around helping criminal defendants facing drug related charges.
If you are facing a sex crime charge or suspect the police are investigating you, you might wonder: “Can I be charged with a sex crime if the other party consents?” While you might have consensual sex with someone, sex crime charges can still be filed against you in Minnesota. Legal concerns, such as the complainant’s age, mental capacity, and legal authority, are usually considered during court proceedings for sex crime cases. All those issues can impact your case.