Can a Public Intoxication Charge Be Dismissed?
South Carolina law defines public intoxication as being in any public or private space visibly intoxicated or displaying any type of boisterous behavior. A public intoxication charge can be humiliating, accompanied by the threat of losing everything for which you have worked. Although it is possible to have a public intoxication charge dismissed, it is typically not easy, requiring successful completion of conditional discharge.
The first step toward being granted conditional discharge is acquiring trusted defense representation, which is what you will find when you hire the Greenville, SC, criminal defense lawyers at Ryan Beasley Law.
When Can a Person Be Charged with Public Intoxication?
Generally, a public intoxication charge involves more than a person being “tipsy” or slightly inebriated. A person is susceptible to being charged with public intoxication if he or she is grossly intoxicated in a public or private place. Gross intoxication is considered to be visibly drunk or inebriated to the point that other people take notice.
Public intoxication is charged under disorderly conduct, although it only comprises one of several acts that is considered disorderly conduct under state law. Public intoxication is a misdemeanor offense. First-time offenders may be fined $100 or sentenced to thirty days in jail.
Behavior Resulting in Public Intoxication Charges
Common types of behavior that may result in a public intoxication charge include:
- Starting a bar fight
- Slurred speech
- Swaggering while walking
- Stumbling
- Threatening others
- Damaging public property
- Shouting profanities
- Discharging a firearm
Do I Qualify for Conditional Discharge?
A person with no prior offenses may be eligible for conditional discharge, which is available for minor offenses in which it is your first offense. In conditional discharge, a person will plead guilty or be found guilty of the charge, but a judgment will not be entered against them.
Conditional discharge is a form of pretrial diversion, avoiding the need for further proceedings. To be considered, the defendant must meet certain criteria:
- The discharge must be approved by the circuit solicitor
- The defendant is a first-time offender (with no prior convictions for disorderly conduct)
- The defendant has no criminal history of disorderly conduct
- The defendant must participate in a treatment and rehabilitation program (if available)
Conditional discharge ordered by a magistrate often requires you to complete a certain number of community service hours and to provide paperwork upon completion. Since most conditional discharges are performed in the Magistrate or Municipal court, you will not be placed on probation. If performed in the General Sessions Court, you will typically be placed on probation, during which you will need to report to a probation officer periodically.
Aggressive Representation from Our Greenville, SC Criminal Defense Lawyers
It is unimaginable to most of us to think that one night on the town can result in time behind bars. At Ryan Beasley Law, we understand the fear that you are experiencing upon being charged with public intoxication. When you hire our Greenville, SC, criminal defense lawyers, you can feel at ease knowing that our lawyers are working hard to defend your rights.
If you are interested in arranging a consultation to learn more, contact us by calling (864) 679-7777 or by completing our online contact form.