Consequences of Committing a Violent Crime Intoxicated
2 weeks ago by Brian
Whether it’s alcohol, drugs, or a combination of both, intoxication can have a serious impact on a person’s ability to make sound, rational decisions.
Unfortunately, many people find themselves in situations where they make poor choices while under the influence of drugs or alcohol.
Understanding the legal consequences of such actions is essential for avoiding serious charges.
Common crimes committed while under the influence are typically related to impaired driving, disorderly conduct, and violent offenses.
In each case, the potential for serious charges and jail time increases significantly if the person is found to be intoxicated or under the influence at the time of the crime.
Noting the legal risks associated with intoxication is essential for avoiding these charges and the potential penalties that come with them.
If you were arrested, contact a criminal defense lawyer in Woodbury, MN today.
Violent Crime Laws in Minnesota
If you refer to Minnesota Statutes § 624.712, subdivision 5 , you’ll learn about felony convictions that cover a broad range of violent crimes.
Some of these offenses include murder, assault, child neglect or endangerment, prostitution, unlawful possession of firearms, harassment, burglary, and arson.
Also, keep in mind that possession of a controlled substance, under these statutes, is considered a “violent crime.”
So, you can possess a drug—even though the possession of a drug is not considered violent by the public–and it will be legally defined as a violent crime.
In addition, if you aid in suicide or attempted suicide, that type of crime is defined as violent, as is using drugs to injure others or facilitate a crime.
Therefore, if you are found to be intoxicated during a robbery arrest, you’ll be charged on both counts.
Also note any attempt toward violence, even if you don’t follow through, is considered a felony.
So, getting intoxicated with alcohol, illegal drugs, and/or prescribed medicines can lead to a lot of legal troubles and jail time.
Drug Possession in the First Degree
As noted, the definition of a violent crime does not necessarily have to be “violent.”
You can also get a prison sentence if you possess drugs. This means you can lose your civil rights–for a lifetime–if you’re arrested for intoxication and drug possession.
For example, if you possess 25 grams or more of heroin, cocaine, or methamphetamine or are found to possess a total amount of 500 grams of a narcotic other than heroin, cocaine, or methamphetamine, you can be charged with drug possession in the first degree.
This rule also applies to possession of at least 500 grams of a drug, such as amphetamine, a hallucinogen, phencyclidine, or a controlled substance packaged in dosage units of 500 or more grams.
This ruling extends to the possession of marijuana or tetrahydrocannabinol of 100 kilograms or more as well.
The sentence can lead to a prison sentence of up to 30 years.
Needless to say, you need to speak to an attorney to understand your rights and find a workable solution for a charge of DWI that is associated with “violence” or a “non-violent form of a violent crime – namely drug possession or sales.
A Woodbury, MN DUI Lawyer Can Help
If you have been arrested for intoxication as well as a violent offense, you need to speak to a legal professional who understands the legal process – someone who gives you the help you need and aid in your defense.
In Woodbury MN, contact the JS Defense Criminal Defense Lawyer team at (651) 362-9427 today.