When you’re headed out for a night on the town, the last thing you want is to be accused of public intoxication in NJ. While public intoxication isn’t a specific criminal charge in New Jersey, you can be charged with related offenses, and even minor criminal charges can have significant consequences.
If you’re accused of a crime, you need a knowledgeable public intoxication defense attorney at William Proetta Criminal Law.
Is Public Intoxication a Crime in New Jersey?
People often ask, “How serious is a public intoxication charge? Is being drunk in public a crime? Is public intoxication a misdemeanor or a felony?”
New Jersey doesn’t specifically criminalize public drunkenness. However, if you’re noticeably drunk and act out in public, you could face related charges like disorderly conduct. Similarly, if you are in a public space under the influence of illegal drugs, law enforcement officers could charge you with being under the influence of a controlled dangerous substance.
It’s important to remember that these are New Jersey state criminal offenses. Towns and municipalities may have stricter public intoxication laws than state law.
Potential Legal Consequences of Public Intoxication
The consequences of public intoxication depend on which offense you’re charged with.
Here are some of the most common charges related to being drunk in public:
- Disorderly conduct – Disorderly conduct includes swearing, fighting, or behaving in a dangerous or threatening manner. If convicted, you could be sentenced to up to 30 days in jail and up to $500 in fines.
- Being under the influence of a controlled dangerous substance – This offense carries the possibility of up to six months of jail time and up to $1,000 in fines.
- Trespassing – If you’re asked to leave a property, such as a bar, restaurant, or club, and you refuse, you could be charged with trespassing. In these situations, criminal trespass is a petty disorderly persons offense, punishable by up to six months in jail and up to $1,000 in fines. However, in certain scenarios – such as peering into dwellings or entering certain types of property –you could be charged with a crime of the fourth degree. Fourth-degree crimes are punished with criminal penalties of up to 18 months in prison and a $10,000 fine.
- Resisting arrest – Resisting arrest is often a petty disorderly persons offense. If you try to escape the police, it is a crime of the fourth degree. If you resist arrest while causing or threatening physical injury, it is a crime of the third degree. Crimes of the third degree are punished by up to five years in prison and up to $15,000.
Depending on the charge, you may also be sentenced to probation or community service. Remember that any conviction results in a permanent criminal record. That can also make it difficult to rent a home, pass a background check, or find a job. You could also lose your professional licenses.
How Our Criminal Defense Lawyer Can Help
If police officers have charged you with public intoxication-related offenses, our firm can challenge your charges and form a strategic defense.
Common defenses and legal arguments include:
- Lack of evidence
- Challenges to the prosecution’s evidence
- Unlawful arrest
- Violation of Constitutional rights
- Mistaken identity
William Proetta Criminal Law has represented individuals in thousands of criminal cases in Union, Hudson, Ocean, and Middlesex counties, as well as elsewhere in New Jersey. From charges to final resolution, we’ll fight for a favorable outcome for you, such as reducing or dismissing your charges.
Speak with Our New Jersey Criminal Defense Lawyer Today
If you’ve been charged with public intoxication-related crimes, you need an experienced advocate. Contact William Proetta Criminal Law today for a free consultation with an experienced criminal defense attorney at our law firm.
