Intoxication due to a defendant’s voluntary consumption of drugs or alcohol isn’t usually a defense to criminal charges—but if the intoxication was involuntary, it may be a defense on the basis that the defendant did not understand what he was doing or that what he was doing was wrong. And some states allow a defendant to assert a defense that his voluntary intoxication prevented him from forming the specific intent to commit the crime (attempted murder, for example). But this is a question of fact that the jury will usually determine.

The availability and definition of any defense to criminal charges based on the defendant’s voluntary or involuntary intoxication is usually located in a state’s statutes—often in the penal or criminal code.

In Mississippi, voluntary intoxication is generally not a defense to criminal charges. The state's legal system operates under the principle that voluntary consumption of drugs or alcohol does not excuse criminal behavior. However, involuntary intoxication may be considered a defense if it can be proven that the defendant was incapable of understanding the nature of their actions or that their actions were wrong due to the intoxication being involuntary. This could occur in situations where the defendant was drugged without their knowledge or consent. As for specific intent crimes, such as attempted murder, Mississippi law does not provide a statutory defense of voluntary intoxication. Whether or not voluntary intoxication prevented the formation of specific intent is a question of fact typically left to the jury to determine. The relevant statutes and case law would be found in Mississippi's penal or criminal code, and it is important to consult an attorney for case-specific legal advice.