felony charges

[army43]

What is the name of your state?Indiana - I have been charged with criminal confinement, this happened while i was in a intoxicated state of mind, the victum has stated that she was not confined, kiddnaped or held against her will but willingly chose to stay in the room of her own free will to try and calm her husband down because she had never seen him drunk before nad knew that he wasnt himself.
after almost a year of pre-trial meetings the DA has dropped the charges to a class D felony and wants me to serve 6 months.
my question is 1. The law say's that a person comminting a act of confinement must have knowingly & willfully have done so.
I have no recollections of the event at all and have been seeing a consuler who say's that i will never remember.
(I have never been in any legal trouble before, only 1 speeding ticket in 44 yrs). can i be covicted if i didnt know what i was doing?
6 months or 10 years would still impose a devestating hardship on my family.
please give some sound advice.

 

[CdwJava]

In general, being high or drunk is not a defense for a crime. It might be able to be bought in as mitigation for sentencing, but it doesn't necessarily negate the requirements for intent.

Consult local counsel to be sure.

- Carl

 

[army43]

the da has hinted that I might want to let the Judge listen to the case and that the judge might dissmiss, but right now i still have the option of jury trial.
do i stand a better chance trying to convince 1 out of 12 that i am not that kind of person.

 

[<Bill>]

I wouldn't take advice from the DA

the da has hinted that I might want to let the Judge listen to the case and that the judge might dissmiss, but right now i still have the option of jury trial.
do i stand a better chance trying to convince 1 out of 12 that i am not that kind of person.

I wouldn't take advice from the DA, if he really thought the judge might drop it he wouldn't waste his time on it.