I am a 40 year-old physician, and I was arrested 5/13 for assault. The truth is that I tool some Xanax on a plane from Florida, landed in Denver, and drove home with my family. I took 3 mg of Xanax, which is more than I have taken. I have some PTSD from my military days with flying. We drove home, and stopped for lunch. Apparently, my wife and I got in an argument, and I became angry and smashed her cell phone, broke the car windshield, and tried to grab her purse. I was arrested for assault (no harm done though), harassment, child abuse
(in front of my kids), and criminal
mischief. I have a lawyer with a non-guilty plea. There is a witness who saw me go for the purse so harassment will likely stick. I have a pre-trial
conference today, and Oct 1 will be jury trial. I have never been like this, and have no recollection of the events that occurred. I have a letter from my prescribing physician that bizarre behavior, amnesia, and mental status changes can occur, and they certainly did. Do you think that this is a plausible defense with mens rea?