Public intoxication is a type of demeanor that happens when intoxicated in a public place. Public intoxication is a summary offense in some states, meaning the charges can go on without the right to indictment or a jury trial.
Public intoxication laws vary widely, depending on the state, meaning you need the right attorney for a fair verdict. These laws are implemented to prevent people from disturbing others in public and restrain those who cannot control their drunken behavior.
A public intoxication charge emphasizes the following factors;
- The charged individual is in public
- The individual seems intoxicated
- The person is acting in a disturbing manner
- The individual’s behavior is crucial in determining whether they are intoxicated.
Trey Porter is a renowned attorney, and below we discuss why you need one.
Is this Charge a Felony?
As stated above, public intoxication is a serious offense that should not be taken lightly. However, it is not classified as a felony. This charge can only be put in this category if its surrounding circumstances demand this punishment.
For example, the following conduct can attract felony charges;
- Drunk driving which causes harm to another citizen
- Committing battery or aggravated assault while intoxicated in public
- Destroying government or federal property while drunk.
Consequences of a Public Intoxication Charge
The most common consequences of a public intoxication charge include;
- Criminal fees
- Prison sentence
- Probation or parole
- Forced alcohol education classes.
In most instances, the accused person is given a fine and warning ranging from $200 to $1000.
Public Intoxication Defense
The type of defense present depends on the accused’s case and state laws. The most common defenses that might emerge during a public intoxication case are;
- Proving that the police did not follow the correct procedure during the arrest
- Proving that the accused did not cause harm during the case
- Prove that the defendant was in a private place during the incident
- Proving that public intoxication is not a crime in which the accused was charged.
It is possible to have a public intoxication charge dropped, though you need representation from the best lawyers. For instance, the defendant can get his case dropped if they can prove any of the above exemptions.
A person accused of a public intoxication charge should hire the best attorney to get the charges dropped or reduced. The main reason you should hire a public intoxication lawyer include the following;
- To know whether there is a way to have the charges dropped or reduced. These professionals will negotiate on your behalf by developing the best defense to get light sentences.
- To offer general legal advice regarding your state laws, charges, and your rights as a defendant
- To discuss the most suitable options for a lighter sentence.
Final Thoughts
Public intoxication charges are common in the US, and defendants need representation from the best attorneys for reduced sentences. These professionals are easily available, and the above article has discussed hiring the best one.
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