PC §600(A) - PUBLIC INTOXICATION W/ VIOLENCE
CLASS C MISDEMEANOR
(a) Definition
Public intoxication with violence is the act of being visibly intoxicated or under the influence of alcohol or drugs in a public place while engaging in violent or aggressive behavior that poses a danger to oneself or others, or causes a disturbance to the peace and order of the community.
Types of Violence
Public intoxication with violence may include, but is not limited to, the following:
Physical altercations or fights with others while intoxicated in public places.
Threatening or intimidating behavior towards others, such as brandishing weapons or making verbal threats of harm.
Damaging or destroying property while intoxicated and in a public setting.
(b) Elements of the Offense
The following elements must be met to constitute public intoxication with violence:
The defendant was visibly intoxicated or under the influence of alcohol or drugs.
The intoxication occurred in a public place, such as streets, parks, sidewalks, or public transportation.
The defendant engaged in violent or aggressive behavior, such as fighting, assaulting others, threatening violence, or causing property damage, while intoxicated.
The defendant's conduct posed a danger to their own safety, the safety of others, or caused a disturbance to the peace and order of the community.
(c) Defenses
(a) It shall be a defense to a charge of public intoxication with violence if the defendant can prove that their conduct was not willful or knowing, or if they can demonstrate that they were under duress, coercion, or manipulation at the time of the offense.
(b) Lack of evidence of violence or absence of a disturbance caused by the defendant's conduct may also serve as defenses if proven by the defendant.
(d) Aggravating Factors
Aggravating factors such as prior convictions for violent offenses, the use of weapons or dangerous instruments while intoxicated, causing serious injury or death to others, or inciting others to violence may result in enhanced penalties or additional charges as determined by the court.
Penalties
Penalties for assault charges can vary widely depending on the jurisdiction and the specific circumstances of the offense. They may include:
JAIL TIME
60 SECONDS OF JAIL TIME.
BOND SET
$6,000.00
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