Halloween conjures up images of ghosts and goblins, kids in costumes, and maybe even a spirited adult party or two. But while everyone’s focused on having a good time, it’s easy to let things get out of hand. And unfortunately, Halloween night often sees a surge in arrests for a number of crimes; everything from DUIs to vandalism.
Costumes that make it hard to see, parties with free-flowing alcohol, and the excitement of the night all make up the perfect recipe for trouble. The police know this, of course, and they’re out in force.
That’s why the criminal defense lawyers at Johnson, Johnson, Whittle, Lancer and Staggs want you to be aware of the potential pitfalls. A little legal awareness can go a long way in ensuring your Halloween is memorable for the right reasons.
1) Driving Under the Influence (DUI)
Imagine you’re at a party and maybe you’ve had a few too many “spirits” to drink. But before you jump behind the wheel and head for home, have you ever heard that Halloween is one of the most dangerous nights of the year to be on the road?
The combination of festive revelry and alcohol consumption often leads to a spike in DUI incidents. And in South Carolina, the consequences of a DUI conviction can be scarier than any haunted house:
- Fines: Even a first-time DUI offense can result in fines of up to $992, including assessments and surcharges. If your blood alcohol content (BAC) is .16 or higher, that fine jumps to a range of $2,100 to $5,100, with assessments potentially pushing it over $10,000.
- Loss of independence: A first offense can lead to a six-month license suspension. Imagine relying on others for transportation to work, to pick up your kids, or to simply go to the grocery store. A second offense carries a one-year suspension, and a third offense means losing your license for two years.
- Jail time: A first DUI offense in South Carolina can land you in jail for 48 hours to 30 days. A second offense increases that to 5 days to a year, and a third offense could mean 60 days to three years behind bars.
If you have been charged with the crime of DUI, it’s best to get the help of an experienced DUI defense lawyer to fight to protect your rights.
2) Vandalism and Property Damage
Egging houses, toilet-papering trees, or even spray-painting a silly message on a fence might seem like harmless fun, but they can actually land you in hot water. Any intentional damage or defacement of someone else’s property is considered vandalism under South Carolina law.
You could be facing some hefty fines depending on the extent of the damage. A first-time offense for something like graffiti could cost you up to $500 and even land you in jail for 30 days. And if you cause more serious damage, you could be looking at a felony crime charge with a potential jail sentence of up to 10 years.
Now, you might be thinking, “But I didn’t mean to cause any real damage, it was just a prank!” Even if you didn’t intend to cause serious harm, you still need someone to fight for you and explain your side of the story.
A skilled criminal defense attorney investigates the evidence, challenges witness statements, and even negotiates with the prosecutor to try and reduce the charges against you. We can argue that you lacked the intent to cause significant damage, or that you were mistakenly identified as the culprit.
3) Disorderly Conduct
Disorderly conduct is a broad category that includes anything from loud and boisterous arguments that disturb the neighbors to public intoxication that leads to unsafe or disruptive actions. Even something as seemingly harmless as a loud costume party that spills out onto the street can attract the attention of law enforcement if it’s causing a disturbance.
Disorderly conduct charge is a misdemeanor offense in South Carolina. Offenders may be looking at up to 30 days in jail and a $100 fine.
If you do find yourself facing a disorderly conduct crime charge, we can argue that your actions were misinterpreted, that you were not the primary cause of the disturbance, or that your behavior did not rise to the level of disorderly conduct.
4) Public Intoxication
If you’re at a Halloween party, it’s easy to get caught up in the moment and lose track of how much you’ve consumed. But if your celebration or your behavior becomes dangerous, you could find yourself facing charges of public intoxication.
South Carolina defines public intoxication as being in a public place while under the influence of alcohol or drugs to the point where you’re either a danger to yourself or others, or you’re causing a public disturbance.
As a misdemeanor crime, the penalties for public intoxication include jail time up to 30 days and a fine of $100.
When defending a public intoxication case, our lawyers may argue that you were not, in fact, intoxicated. Some medical conditions might resemble intoxication. We will find supporting evidence to prove your innocence in such an event. It’s also possible to beat this charge by proving that your misconduct took place in a private setting or that your actions did not cause harm to others.
5. Trespassing
The act of trespassing often goes hand-in-hand with vandalism. There’s this strong temptation to check out the ruins of a creepy old house just to say you did it on the scariest night of the year.
Be careful, though, because even an abandoned place that appear to be the perfect place to look for ghosts is likely owned by someone. You certainly don’t want to show up uninvited or you risk getting charged for trespassing or other property crimes.
Trespassing is considered a misdemeanor offense in South Carolina. Penalties include fines up to $1,000 and you might even face jail time up to 30 days. Note that the charge can escalate into a felony charge if the act of trespassing is committed with criminal intent.
Our team employs different strategies to fight trespassing cases. These include:
- Lack of intent: This is common in cases of accidental trespassing where you unknowingly or unintentionally committed trespassing.
- Permission: We also gather evidence in cases where you had permission from the owner of the property or an authorized person.
- Necessity: This defense argues that your presence was necessary in order to prevent harm to yourself or others.
6. Assault
It’s not uncommon to hear about fights breaking out during Halloween parties. Domestic disturbances, sexual assault, assault, battery, and other crime cases all seem to spike up at this time of the year. A seemingly inconspicuous prank may go too far, or two people may have had one drink too many.
The penalties for assault cases in South Carolina are:
- Simple Assault: Jail time up to 30 days and/or a fine up to $500
- Second-Degree Assault: Jail time up to 3 years and a fine of $2,500
- First-Degree Assault: Jail time up to 10 years
Self-defense is one of the most common defenses against assault charges. We may argue that you only acted the way you did in order to protect yourself, family member, or property.
Our lawyers will also look at the evidence and examine whether there’s a lack of intent behind the assault case. This means your actions may have been misinterpreted or you did not cause intentional harm to another person.
7. Underage Drinking
Adults aren’t the only ones drinking the night away at Halloween parties. Many teens join in, despite the harsh penalties of underage drinking.
What many people fail to realize is that even the host of the party may be held liable and charged with a crime. It’s against the law to provide any alcoholic beverage to any person under the age of 21 unless you’re the parent. This includes getting penalized for hosting a party where a minor consumes alcohol and then causes injuries or property damage.
Our lawyers will scrutinize the police report and any witness statements to determine if there is sufficient evidence to prove that the minor actually consumed alcohol. In some cases, we may also be able to argue that the minor was unaware that they were consuming alcohol or that they did not intend to break the law and commit a crime.
If You Are Charged With a Crime on Halloween, Call to Schedule a Consultation Today
Halloween is supposed to be a time for fun, not legal trouble. In case you or someone you know is charged with any of the most common crimes in Halloween, don’t hesitate to reach out to us at Johnson, Johnson, Whittle, Lancer and Staggs. Call us today at (803) 649-5338 so we can start discussing your case and building the strongest defense.
