Former Michigan Prosecutor | Jonathan Andrew Paul
  • Crimes
    • Domestic Violence
    • Retail Fraud
    • Drug Offenses
    • Assaultive
    • College/Tailgate Offenses >
      • Minor in Possession
      • Ann Arbor MIP
      • Ann Arbor Fake ID
      • Ann Arbor UIP
      • Ann Arbor Open Container
    • Resisting Arrest
    • Handling a Traffic Ticket
    • Careless/Reckless Driving
    • Probation Violation
    • Early Discharge Probation
    • Larceny
    • Malicious Destruction of Property
    • Embezzlement
    • Juvenile Charges
  • Drunk Driving
    • Evidence >
      • Chemical Tests >
        • Implied Consent Law
        • Independent Chemical Test
        • Single Car Accident | DUI Defense
        • Effects of Body Temperature
        • Cross-Examining the DataMaster
        • Blood Testing 101
        • Impact of Methyl Alcohol/Paraldehyde
        • Radio Frequency Issues w/DataMaster
      • Right to Counsel
      • Preliminary Breath Test (PBT)
      • Field Sobriety Tests
      • Police Traffic Stop >
        • Sleeping in Car Defense
        • Cross-Examination - The Not Driving Defense
      • Police Statements
    • DUI Consequences >
      • Ignition Interlock
      • Restitution
      • Vehicle Immobilization
      • Travel Restrictions
      • Child Custody
      • Employment/Education
      • Traveling to Canada?
      • Vehicle Forfeiture
      • Civil Liability
      • Commercial Driver's License
    • DUI Trial Guide >
      • Jury Selection
      • Opening Statement
      • Cross-Examination
      • Closing Argument
      • Jury vs Bench Trial
    • Setting Bond >
      • Alcohol/Drug Testing Part #1
      • Alcohol/Drug Testing Part #2
      • Posting Bond
    • DUI Offenses >
      • Operating While Intoxicated
      • Operating While Visibly Impaired
      • Super Drunk/High BAC
      • Operating Presence of Controlled Substance
      • Child Endangerment
      • Felony Drunk Driving
      • DUI Under 21 Years Old
      • DUI Causing Injury/Death
    • Sobriety Court
    • DUI Pardons
  • Hiring a Super Lawyer
  • Courts
    • Wayne County >
      • More Courts >
        • Allen Park
        • Dearborn Heights
        • Detroit
        • Ecorse
        • Hamtramck
        • Harper Woods
        • Highland
        • Lincoln Park
        • Redford
        • Southgate
        • Taylor
        • Woodhaven
        • Wyandotte
      • Plymouth
      • Northville
      • Canton
      • Romulus
      • Livonia
      • Dearborn
      • Grosse Pointe
      • Westland
    • Oakland County >
      • Novi
      • Troy
      • Southfield
      • Royal Oak | Berkley
      • Rochester Hills
      • Farmington Hills
      • Bloomfield Hills
      • Waterford
      • Clarkston
      • Oak Park
      • Pontiac
      • Ferndale/Madison Heights/Hazel Park Drunk Driving DUI Criminal Attorney | Oakland County
    • Washtenaw County >
      • Ann Arbor
      • Chelsea
      • Pittsfield Township
      • Saline
      • Ypsilanti 14A
      • Ypsilanti 14B
    • Macomb County >
      • Center Line
      • Clinton Township
      • Eastpointe
      • Fraser
      • New Baltimore
      • Romeo
      • Roseville
      • Shelby Township
      • Sterling Heights
      • St. Clair Shores
      • Warren
    • Jackson County
    • Lenawee County
    • Livingston County
    • Monroe County
    • East Lansing
  • Expungement
    • DUI Expungement
  • 5-Star DUI Defense
  • Legal Guides
    • FAQ
    • DUI Expungement
    • Arrested in Michigan? NOW WHAT!
    • Being Investigated?
    • 18 Key Questions for DUI's
    • Michigan License Restoration
  • Client Reviews
  • Growth Mindset
  • Inside the Prosecutor Mind
    • Drunk Driving >
      • OWI First Offense
      • OWI Second Offense
      • OWI Third Offense
      • Field Sobriety Tests
      • Chemical Tests
      • Implied Consent
      • Hardship License
      • Sobriety Court
    • Expungement
    • Assault/DV Charges >
      • Domestic Violence
      • Misdemeanor Assault
      • Felonious Assault
    • Theft Offenses >
      • Retail Fraud
      • Embezzlement
      • Larceny
    • College Offenses >
      • Open Container
      • Minor in Possession (MIP)
      • Urinating in Public
      • Fake ID
    • Drug Charges >
      • Felony Drug Possession
    • Driving - Traffic >
      • Reckless Careless Driving
      • Driving While License Suspended
      • Leaving Scene of Accident
    • Disorderly Conduct
    • Probation Violation
    • Resisting Arrest
    • Malicious Destruction of Property
    • Travel Requests
    • Bond Violations
  • Contact Me
  • Leading with Empathy
  • Blog

The Four Drunk Crimes in Michigan

7/30/2013

 
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.

Comments are closed.
    top criminal lawyer michigan, metro detroit, northville, plymouth attorney
    Jonathan Andrew PaulReviewsout of 164 reviews

    Call Me Today
    248-924-9458
    ​
    Email Me

    Picture
    Picture
    Picture
    Picture
    Picture
    Picture
    Picture
    Picture

    Search the Blog

    Blog Posts

    - The Michigan Retrograde Extrapolation Guide

    - Selecting an Ann Arbor Criminal Defense Lawyer

    - Selecting an Oakland County Criminal Defense Lawyer

    - Drunk Driving Consults

    - The One Question Your Michigan Criminal Defense Lawyer Should not be Able to Answer

    - Are the police allowed to follow me home from a bar?

    - Is it illegal to smoke weed and drive a car in Michigan? What's the legal limit for pot?

    - Michigan Police Confessions 101

    - Michigan 7411 Drug Crimes

    - FAQ: Shoplifting in Michigan

    - Michigan HYTA Eligibility

    - Can I be on probation while    away at college?

    - What is a Deferred Judgment of Guilt?

    - Michigan CDL Alcohol Penalties 

    - Ann Arbor Arrested for Fake ID, Urinating in Public, Minor in Possession, Open Container

    - Should I Admit to Drinking Alcohol?

    - Arrested for Minor in Possession in Ann Arbor?

    - Michigan DUI Probation Violation Hearings

    - How To: Claiming Self Defense at Trial 

    - Michigan Sex Offender FAQ

    - Should I use the Public Defender?

    - Washtenaw County Felony OWI Options

    - Handling a Michigan traffic ticket

    - How to beat a Careless Driving Charge

    - Hiring a Wayne County Criminal Defense Lawyer

    - Michigan DUI Concealed Weapon Permit

    - What's a Michigan Preliminary Examination?

    Neighbor Disputes

    - Can I Remove my GPS Tether?

    - Vehicle forfeitures 
     - Will I lose my license for a drug charge?

    - Michigan Driver's Responsibility Fees

    - Falsely Accused on Domestic Violence
    - 48th District Court Prosecutors 
    - Am I eligible for expungement with two convictions?
Representing clients in Ann Arbor, Canton, Brighton, Howell, Saline, Adrian, Taylor, Plymouth, Northville, Westland, Ypsilanti, Pittsfield Towsnhip, Warren, Sterling Heights, Farmington, Pontiac, Romulus, Lansing, Novi, South Lyon, Southfield, Birmingham, Bloomfield Hills, Royal Oak, Troy, Rochester, Jackson, East Lansing, Garden City, Livonia, Dearborn, Detroit, St Clair Shores, Hazel Park, Ferndale, Madison Heights, Waterford, Milford, Shelby Township Clarkston, Oak Park, Berkley, Fraser, Sterling Heights, Clinton Township and others throughout Washtenaw, Wayne, Monroe, Jackson,  Macomb, Ingham, Lenawee, Livingston, Oakland County & Northern Michigan 

Representing clients faced with DUI/drunk driving, retail fraud, possession of marijuana, domestic violence, reckless driving, leaving the scene of an accident, fake ID, open container  and other misdemeanor and felony charges. 

Evening & Weekend Service Available Call Me: 248-924-9458

Picture

Ann Arbor Office Location

Plymouth Office Location

Michigan Defense Attorney Jonathan Paul - Former New York & Michigan Prosecutor