What can I do if I was charged for a burglary while I was under heavy medication?

Question

Recently I was admitted into a local hospital with pneumonia high fever and a lot of pain as right lung was full of liquids. I was brought there by ambulance and my live in girlfriend was already there with same (exact same) illness. She had been there for a week and was in ICU with tubes in her right lung.  I was put on a lot of pain medications ( a)iv hydromorphone=dilaudid b)15mg hydrocodone c}5mg oxycodone and 2mg xanex (to make me sleep at night). The second night I went to sleep (drug induced) and apparatus I got up wearing only my backless hospital gown underwear and socks walked passed two nurses stations got on an elevator went to basement and began walking through offices and loading a cart with stuff.  Then I just left the stuff there and boarded the elevator and went back to my floor and went back to bed and to sleep with no memory of any of it. I'm now being charged with burglary and theft. Do I have a defense? Isn't it the hospitals responsibility to watch patients who are on strong medications?

Todd Landgren · Answer

Sounds like defense is UNCONSCIOUSNESS , which is a perfect defense, but usually hard to sell to jury. You would need medical or toxicologist testimony.

Michael Palumbo · Answer

You have an excellent defense that of no mens rae.

Jared Austin · Answer

How do you know you did all that stuff in such specific detail if you have no memory of it? It doesn't even sound like you stole anything from what you described. Have a criminal attorney review the evidence against you in order to give you more specific advise to your situation. Even if the hospital was negligence, that would never absolve you of any criminal liability. At best, you could enact a civil action against them for damages.

Joshua Aldabbagh · Answer

To answer your question simply, yes you have a strong defense. "Intent" is an element of both crimes you are being charged with; meaning, you must have "intended" to break in and steal things in order to be found guilty of those crimes. There are numerous other defenses that I can see based on the facts you have provided as well. You should contact an attorney as soon as possible to discuss your case. My firm provides free consultations, feel free to call.

Jonathan Willett · Answer

Technically, you do have a defense.  Burglary requires a "specific intent" to commit a crime.  Your ingestion of the drugs may negate that necessary mental state element.  This is a complicated but valid defense.

Eric Sterkenburg · Answer

You do have a defense. Burglary is a specific intent crime. If you are under medications given to you under doctors orders and this medication impaired your judgment then you have that as a defense. There may be other defenses for you in this incident.

V. Iyer · Answer

You always may have a defense. The question is whether the defense is viable and believable to allow the jury to find you no guilty.  Were the medications were of such intensity that you had no memory or you were not aware of what you were doing it could negate the mental state requirement that is needed to convict a person of such a crime. You should consult with a criminal defense lawyer. According to the information you did not take the stuff out of the floor from where the stuff was located. If such is a case then there may another defense that you may have lacked intent to deprive the hospital of the use or possession of the stuff. Need more facts to give a clearer answer. Failure of the hospital to properly suervise and monitor patients like you could be an issue in the case.  You should consult with a criminal defense lawyer and do not speak with anyone, including hospital staff or investigators or police about this matter.

Leonard Harden · Answer

Intent is required for a burglary.  You may have an involuntary intoxication claim.  You should get lawyer.

Joseph Dane · Answer

Burglary and theft both require a specific intent in order for the crime to have been committed. There is a defense if you were unconscious as to the nature of your acts. For example, certain medications have caused people to do things - from walking to assaults to other acts - while under the influence of the drugs, but without true knowledge and therefore not legal intent of what they were doing.  This is something, however, that is far beyond a simple online question. You need to sit down and consult with a local criminal defense attorney - one that routinely practices in the court where your case is pending.

George Woodworth · Answer

Yes, you may indeed have a Defense. While "voluntary intoxication" (using alcohol or drugs) is not a defense to committing a crime, this could be viewed as involuntary intoxication as you were not in control of what kinds and quantities of medicine were used to treat you. In addition, actual burglars rarely go to work in a hospital gown and then leave the loot, and go back empty-handed to bed, without any memory of what happened. You should see an experienced, aggressive Attorney to analyse the police reports and to prepare your best defense.

Jeff Yeh · Answer

Yes, you do have a defense. If you were unconscious at the time (ie. sleep walking), then you have no ability to form criminal intent. Talk to a lawyer.

Daniel Kieth Martin · Answer

You definitely has a defense, in fact you have one of the best defenses of all. Almost every crime has a mens rea, which means a state of mind that is required. For burglary the state of mind is the intent to commit a felony when you enter a building. You obviously did not have the intent to steal when you entered the hospital, you had the intent to be treated for your illness. The problem with the intent defense is that it is very difficult to prove what a person intends at any given moment. The fact that you received treatment and can prove that you received treatment should help your attorney to show that you did not have the requisite intent. Make sure you contact a criminal defense attorney to discuss your case, they will help you mount your defense.

Michael J. Breczinski · Answer

Yes there is a defense. You have to want to do the crime and involuntary intoxication can negate intent. It was drugs that took away your volition so that you did not make a knowing decision to steal. This is a valid defense. You need an attorney.

Cindy L. Barton-Coombs · Answer

Yes, you do have a defense.Burglary and theft are crimes that the intent of the person is controlling to what happens.You cannot intentionally or knowingly do those things if you are so doped up that you are unaware of what you are doing.This is not the same as choosing to drink alcohol.The law is written to exclude crimes that a person commits whiled under the influence by choice.And yes, the hospital should have been watching you a lot closer.I'm glad you didn't get run over or something.Good Luck

Maureen Baldwin · Answer

It sounds like you have a good defense. Of course you need the mental state of theft to commit a burglary. Secondly you must enter a house or a room, store, boat, shed, etc with the intent to steal. For the crime of theft, the specific intent rquired is the intent to permanently deprive the owner of the property.  You were sleepwalking at best, and the prosecution witnesses should aslo be your defense witnesses since the hospital administered th drugs and the doctors know what are the effects of those drugs.Both burglary and theft are specific intent crimes.

Robert English · Answer

You would have a defense. Burglary and theft are specific intent crimes which means they require a specific mental component. If you were too drugged to form the requisite intent, then you would have a defense.

Correen Ferrentino · Answer

You may have a defense of unconsciousness.  You also have to have the specific intent to commit a theft or felony when you enter the building or interior room where the items were taken from.  You need a good attorney to advise you.  You should gather records of what medications you where on, what you were being treated for and the reason you were admitted to the hospital.

Anabelle Dias · Answer

It appears from your facts that you had no intent to commit any crime. You need to discuss your case with an attorney immediately. Contact the florida bar for referrals or your local Public Defender's office.

Edward Blum · Answer

There is a specific intent element to burgalary (you must enter the structure with the specific intent to commit a felony).  The specific intent element can be negated by voluntary or involuntary intoxication.  If you were intoxicated from the drugs administered to you, you could not form the specific intent necessary in the crime.

Cynthia Henley · Answer

Hire a good lawyer. If you just loaded the cart and abandoned it (and they have no witnesses or other proof that you thought you were about to be caught as the reason you abandoned it), then it sounds like a ridiculous case.

Dennis Roberts · Answer

You have a wonderful defense if what you are telling me is accurate but youneed  a damn good lawyer to raise it for you. You should think seriously about  getting a civil lawyer to sue the hospital for the lawyer fees you have had to  pay to get rid of this idiocy. If you can't afford a lawyer a Public Defender  should be able to do the job for you. Good luck. Let me know what happens as  this is a fascinating case.

Stephen Freeborn · Answer

Interesting.  Theft/burglary is an intentional act.  The prosecutor needs to prove intent.  You may have a defense, based upon what you have told me.

Mark R. Thiessen · Answer

You definitely have a defense.  You must have the intent to commit burglary. However, a DA is not going to listen to you.  You need to hire counsel asap and fight this with everything you got.

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What can I do if I was charged for a burglary while I was under heavy medication?

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