I meet with a lot of clients who get drunk and make a stupid mistake, which they later deeply regret. Besides drunk driving offenses, I see a good amount of what I call "drunk crimes". All four of these crimes are committed by sober people as well as drunk people, but I see far too many that involve alcohol. Without alcohol, many of these incidents could be avoided.
Malicious Destruction of Property - When you get drunk, you thinking breaking other people's property is acceptable. We've all been there before, but you must resist the temptation to act out of this urge. This offense can either be a misdemeanor or felony depending upon the value of the property. To be found guilty of this offense, the prosecutor must prove that the property belonged to someone other than yourself, you destroyed or damaged the property, you did so knowing it was wrong without just cause or excuse, and with intent to damage the property, and the prosecutor must prove the amount of damage, which will determine if you are charged with a misdemeanor or a felony.
Domestic Violence - Many of us have been there before. We're frustrated with a loved one and the alcohol accelerates our natural emotions; this goes for both men and women. The argument gets out of hand and suddenly we're making more physical contact than we should and the police are called to the scene. A lot of domestic violence cases involve both parties being under the influence of alcohol. The "victim" may make a rash decision to call the police over something that normally wouldn't warrant the police departments attention, and once the alcohol wears off, they will be running to the police and prosecutor to drop charges. I'm not saying any amount of violence is acceptable, but having been a prosecutor in New York and Michigan, I've talked to enough "victims" to understand some of the dynamics involved. To be found guilty of domestic violence in Michigan, it must be proven beyond a reasonable doubt that you assaulted or battered a spouse, a former spouse, a person which you share a child in common, a resident or former resident of your household or a person which you have or had a dating relationship
Michigan Entering without Permission aka Illegal Entry - This offense does not require any intention to commit a specified offense, but drunk people do stupid things. This crime covers situations where the alleged defendant breaks or does not break into a dwelling or non-dwelling, but has no intention of committing a crime. It's essentially being where you shouldn't be, but you didn't quite commit a breaking and entering or a home invasion. You're drunk and you think it's suddenly OK to go someplace you don't belong. This offense is a misdemeanor, not a felony. The elements of this offense are that the alleged entered a building. It does not matter whether the alleged got his or her entire body inside. If the alleged put any part of his or her body into the building, that is enough to count as an entry. The alleged must do this without first getting permission to enter from someone who had authority to give permission.
Michigan Resisting Arrest - I can't remember the last time that I had a client charged with resisting arrest where alcohol was not involved. Most members of society when sober will obey a police officer's lawful order, but when alcohol is involved, sometimes we think we know better. A lot of my clients instead of biting their tongue on an arrest for a simple misdemeanor offense, decide to resist the police in Michigan, and get charged with a felony. In Michigan, resisting arrest is defined as "an individual who assaults, batters, wounds, resists, obstructs, opposes or endangers a person who the individual knows or has reason to know is performing his or her duties". Resisting arrest in Michigan is a felony that carries a penalty of two years in person.
Malicious Destruction of Property - When you get drunk, you thinking breaking other people's property is acceptable. We've all been there before, but you must resist the temptation to act out of this urge. This offense can either be a misdemeanor or felony depending upon the value of the property. To be found guilty of this offense, the prosecutor must prove that the property belonged to someone other than yourself, you destroyed or damaged the property, you did so knowing it was wrong without just cause or excuse, and with intent to damage the property, and the prosecutor must prove the amount of damage, which will determine if you are charged with a misdemeanor or a felony.
Domestic Violence - Many of us have been there before. We're frustrated with a loved one and the alcohol accelerates our natural emotions; this goes for both men and women. The argument gets out of hand and suddenly we're making more physical contact than we should and the police are called to the scene. A lot of domestic violence cases involve both parties being under the influence of alcohol. The "victim" may make a rash decision to call the police over something that normally wouldn't warrant the police departments attention, and once the alcohol wears off, they will be running to the police and prosecutor to drop charges. I'm not saying any amount of violence is acceptable, but having been a prosecutor in New York and Michigan, I've talked to enough "victims" to understand some of the dynamics involved. To be found guilty of domestic violence in Michigan, it must be proven beyond a reasonable doubt that you assaulted or battered a spouse, a former spouse, a person which you share a child in common, a resident or former resident of your household or a person which you have or had a dating relationship
Michigan Entering without Permission aka Illegal Entry - This offense does not require any intention to commit a specified offense, but drunk people do stupid things. This crime covers situations where the alleged defendant breaks or does not break into a dwelling or non-dwelling, but has no intention of committing a crime. It's essentially being where you shouldn't be, but you didn't quite commit a breaking and entering or a home invasion. You're drunk and you think it's suddenly OK to go someplace you don't belong. This offense is a misdemeanor, not a felony. The elements of this offense are that the alleged entered a building. It does not matter whether the alleged got his or her entire body inside. If the alleged put any part of his or her body into the building, that is enough to count as an entry. The alleged must do this without first getting permission to enter from someone who had authority to give permission.
Michigan Resisting Arrest - I can't remember the last time that I had a client charged with resisting arrest where alcohol was not involved. Most members of society when sober will obey a police officer's lawful order, but when alcohol is involved, sometimes we think we know better. A lot of my clients instead of biting their tongue on an arrest for a simple misdemeanor offense, decide to resist the police in Michigan, and get charged with a felony. In Michigan, resisting arrest is defined as "an individual who assaults, batters, wounds, resists, obstructs, opposes or endangers a person who the individual knows or has reason to know is performing his or her duties". Resisting arrest in Michigan is a felony that carries a penalty of two years in person.
