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Old January 21, 2010, 11:02 AM   #16
Technosavant
Senior Member
 
Join Date: May 29, 2007
Location: St. Louis, MO area
Posts: 3,797
I'd think that the circumstances of the assailant would matter more than yours. For example, if the BG is in YOUR home without permission and doing threatening things, I can't imagine that a jury would find your state a major issue. A really overzealous prosecutor could try to spin it in a way to make it seem like you couldn't have been in any condition to know what was going on, but that would be more of a manslaughter charge and a good defense attorney could put that one away easily.

Really, though, I think this is a lot of speculation without legal opinion. If you regularly drink to drunkenness and you worry about this, consult a lawyer and maybe invest in better doors and locks.
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