Understanding Florida Statute 856.011: An Insight into Disorderly Intoxication Charges
Florida Statute 856.011, otherwise known as the "Disorderly Intoxication" law, refers to the criminal charge of "public drunkenness" in the state of Florida. This statute makes it unlawful for a person to be drunk and disorderly in public, causing a disturbance or endangering the safety of another person or property. This article aims to unpack this law, offering insights into its implications, criminal case process, penalties, the evidential requirements for conviction, the adverse effects of a conviction, potential defenses, and how legal representation can help you navigate these charges.
Disorderly Intoxication under Florida Statutes
Under Florida Statute 856.011, disorderly intoxication or public drunkenness is defined as:
- Being intoxicated and endangering the safety of another person or property, or
- Being intoxicated or drinking any alcoholic beverage in a public place or in or upon a public conveyance and causing a public disturbance.
The Criminal Case Process
A charge under Florida Statute 856.011 initiates a criminal case process that usually begins with an arrest, followed by an arraignment where the defendant can plead guilty, not guilty, or no contest. If the defendant pleads not guilty, a pretrial conference is scheduled to discuss the case and potentially negotiate a plea bargain. If no agreement is reached, the case moves forward to trial, where evidence is presented, and a determination is made.
Penalties & Punishments Under Florida Statute 856.011
Disorderly intoxication is a second-degree misdemeanor in Florida, punishable by up to 60 days in jail, six month of probation, and a $500 fine. A third violation within a year can result in involuntary commitment for up to 60 days for treatment and rehabilitation.
Elements the Prosecution Needs to Prove
To secure a conviction for disorderly intoxication, the prosecution must prove beyond a reasonable doubt that:
1. The defendant was intoxicated or drinking an alcoholic beverage.
2. The defendant was in a public place or public conveyance.
3. The defendant caused a public disturbance or endangered the safety of another person or property.
Negative Consequences of a Conviction
Apart from potential jail time and fines, a conviction can have several negative consequences, such as a criminal record, difficulty securing employment or housing, loss of certain professional licenses, damage to one's reputation, and potential effects on child custody or immigration status.
Top Potential Defenses in Disorderly Intoxication Cases in Florida
- Insufficient Evidence: The prosecution cannot prove beyond a reasonable doubt one or more elements of the offense.
- Not a Public Place: The incident did not occur in a public place or public conveyance.
- No Public Disturbance: The defendant did not cause a public disturbance.
- No Danger: The defendant did not endanger the safety of another person or property.
- False Accusation: The defendant was wrongly accused.
- Medical Condition: The defendant appeared intoxicated due to a medical condition.
- Involuntary Intoxication: The defendant was involuntarily intoxicated.
- Mistaken Identity: The defendant was mistakenly identified as the perpetrator.
- Violation of Constitutional Rights: The defendant's constitutional rights, such as the right to a fair trial or the right against illegal search and seizure, were violated.
If you or a loved one is facing a disorderly intoxication charge under Florida Statute 856.011, it's imperative to seek legal representation immediately. Musca Law, P.A., is here to help. With a team of seasoned defense attorneys, we specialize in defending clients against a range of charges, including disorderly intoxication.
Our team deeply understands Florida's criminal justice system and the complexities of statutes like 856.011. We meticulously analyze each case to build the strongest possible defense, focusing on your rights and best interests. We aim to minimize or eliminate the negative consequences of a disorderly intoxication charge, ensuring your case is handled with the utmost care and professionalism.
Musca Law, P.A., is available 24/7, always ready to step in and fight for your rights. Legal trouble doesn't wait, and neither should you. Reach out to us anytime, and our dedicated team will be ready to provide a free initial case evaluation, guiding you through your legal options. Our toll-free telephone number is 1-888-484-5057. With Musca Law, P.A., you're not alone in this journey. Allow our expertise to serve as your beacon, guiding you through the complexities of the law and working towards the best possible outcome in your case.