If a person had a mental blackout due to a side effect of a medically prescribed drug and assaulted someone, are they technically responsible for their actions, even if they don’t remember?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If a person had a mental blackout due to a side effect of a medically prescribed drug and assaulted someone, are they technically responsible for their actions, even if they don’t remember?
My mother, who has many mental and physical illnesses, took pills that caused her to black out. As a result, assaulted a family of 5. And despite being imprisoned, she doesn’t remember anything. She completely blacked out. What type of sentencing would they receive? I just want to know how we can help her lessen her sentence.
Asked on August 20, 2019 under Criminal Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Assuming you can prove with medical testimony (e.g. from treating physicians) all the following--
1) This type of medicine can and does cause blackouts even when taken according to directions--that is, blackouts are a known and possible side effect;
2) Your mother took the medicine properly (did not overdose on it, for example, since if she used it improperly, she is responsible for having done so, like the way someone who drinks and drives is responsible for having misused alcohol before driving); and
3) She had not blacked out from the medicine previously, so that she did not have warning this could happen
--then she should have a complete defense to criminal liability: e.g. "not guilty by reason of (temporary) insanity," or a temporary loss of control in no way her fault. She could avoid any punishment.
A good place to start is by talking to her doctor(s)--you may believe the drug caused the reaction, but your belief is irrelevant; what matters is what medical evidence or science shows.
Then if there is medical support for your position, consult with a criminal defense attorney about how to best use this information.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.