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Is Spiking a Drink a Felony in California?

A glass of an alcoholic beverage sitting on a table next to car keys and a newspaper.
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According to Inside Edition, a nationally syndicated news program, last month, a woman in California was arrested for spiking her husband’s drink with Drano in an apparent attempt to poison him. Reportedly, the woman’s husband secretly recorded her allegedly putting Drano in his drinks on three occasions.

However, the woman’s attorney denies that’s what she was doing and claims she was using the Drano to clear a clogged drain and never put it in her husband’s drinks. Her attorney also claims that the surveillance was a set up to give her husband leverage in divorce and child custody disputes.

The husband claims that he suffered internal injuries from ingesting the allegedly poisoned drinks. He also alleges that his wife has been abusing him and their children for years.

After her arrest, the woman was released on bail. So far, no charges have been filed against her. However, there is a hearing scheduled for November regarding the incident.

What Are the Penalties for Drugging Someone’s Drink in California?

People can face severe punishments if they’re convicted of drugging another person with the intent to commit a felony. A couple of examplesof drugging someone with the intent to commit a felony would be spiking a person’s drink so that the person becomes unconscious and easier to sexually assault or kidnap.

People convicted of drugging a person with the intent to commit a felony in California could face the following penalties:

  • Up to three years in state prison
  • You would be required to serve at least 50 percent of your time in custody
  • If the drugging is proven to be sexually motivated, you could be required to register as a sex offender
  • You will be subject to penalties for any crime you committed or were intending to commit in relation to the drugging

These are common defenses for people charged with drugging someone:

  • Arguing that the accusations are false
  • Claiming there is insufficient evidence
  • Arguing the statute of limitations has passed
  • Claiming that your confession was coerced

What Should I Do If I’m Facing Charges for Drugging Someone in California?

If you have been accused of drugging someone in California, you should speak with an experienced criminal defense lawyer as soon as possible. Whether you’re facing accusations or charges, you need someone who knows what they’re doing defending your rights from day one. You need a legal representative who can examine your situation, determine your options, and help you secure the most favorable outcome for your case.

At Appel & Morse, we have been defending the rights of clients in Santa Barbara and its surrounding communities for years. Our criminal defense attorneys have more than 40 years of combined legal experience. We know what it takes to protect your rights and have the charges against you reduced or dismissed.

For more information about Appel & Morse, read our clients’ testimonials.

Call us at (805) 467-6060 or contact us online today for a free, no-obligation consultation with our experienced criminal defense lawyers in Santa Barbara.

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