Halloween is a big deal – costumes, trick-or-treating, and parties. Neighborhoods and cities are alive with Halloween spirit. But Halloween also brings an increase in certain types of crimes.
Pranks like egging or toilet papering, parties with underage drinking, and the unpredictable behavior that comes with being relatively anonymous in a costume all contribute to a higher risk of getting in trouble.
Because of this, law enforcement goes into high gear around Halloween. Increased patrols, sobriety checks, and stricter enforcement on trespassing, vandalism, and disorderly conduct are all in place to keep the public at large safe.
At Nash Law, our criminal defense attorneys know that understanding the legal risks of Halloween activities is essential, as what might seem harmless in the spirit of the holiday can get you in serious trouble and even charged with a crime. Knowing the potential for fines, misdemeanors, or even felony charges will help make sure Halloween is safe and fun for everyone.
1. DUI (Driving Under the Influence)
The holidays come with an aura of spooky cheer during Halloween. While kids get to indulge and enjoy cavity-inducing treats and scary movies and costumes, Halloween parties involve alcohol for adults as well. Unfortunately, alcohol consumption brings about an increase in DUIs.
Astonishingly, 38% of fatal crashes on Halloween night and 44% of national fatal crashes during the Halloween weekend involve a motorcyclist or driver with a BAC over the legal limit – 0.08 or higher. These are scariest of statistics.
Consequences of a DUI Charge in Tennessee
A DUI conviction carries penalties, which increase with subsequent conviction. All DUI convictions in Tennessee carry fines, license revocation, and possible jail time.
- First offense: The first offense typically attracts a $350 to $1,500 fine, a jail term of 48 hours to 11 months and 29 days, and a one-year license suspension.
- second offense: If your DUI conviction is a second offense, you face a $600 to $3,500 fine, 45 days to 11 months and 29 days jail term, and two years driving license suspension.
- Subsequent offenses: For third offenses, you face a $1,100 to $10,000 fine, 120 days to 11 months and 29 days jail term, and a six-year driving license suspension.
Any DUI conviction after the third one is considered a felony offense and attracts even more severe penalties.
Legal Defense Strategies
Beating a DUI charge in Nashville often requires the knowledge and expertise of an experienced DUI attorney. That’s because you need a strategic plan to win your case.
Some of the strategies that can be used to have your case dismissed and the consequences of your DUI charge minimized include:
- Challenging the validity of the traffic stop (was there a violation of your Miranda rights?)
- Disputing the field sobriety test results
- Challenging the accuracy of the blood or breathalyzer test
- Challenging the officer’s actions and procedures
- Questioning the chain of custody of the evidence
- Proving a medical condition or other factors affect the test results
At Nash Law, we use a combination of strategies that will yield the best outcome if you are charged with a crime.
2. Halloween Pranks: Vandalism and Property Damage
Halloween is more than just about scary movies, costumes, and tricks. There are plenty of tricks in the form of pranks to go around. However, seemingly harmless pranks (egging houses, toilet papering trees) can lead to vandalism or property damage charges. Vandalism is especially a considerable concern during the mischief night – the night before Halloween.
The impact of the pranks, the cost of clean-up, and the extent of damage, especially when the pranks spiral out of control, could lead to vandalism charges.
Penalties for Vandalism in Tennessee
Penalties for vandalism can be severe, depending on the value of property damaged. Generally, the penalties for this crime include:
- Fines (ranging from $2,500 for damage valued at $1,000 or less to $50,000 for damage valued between $60,000 and $250,000) and
- Restitution,
- Probation, and
- Jail term (11 months and29 days for property damage valued less than $1,000 to 15-60 years for property damage valued between $60,000 and $250,000), and court costs.
How an Attorney Can Defend Against Vandalism Charges
Fighting a vandalism charge requires carefully examining the case, its facts, and the evidence presented and crafting a bespoke defense against the charges. Some ways defense lawyers can fight a vandalism charge include lack of intent, mistaken identity, alibi evidence, and challenging the evidence presented.
3. Disorderly Conduct
In Tennessee, crimes of disorderly conduct is defined under Tennessee Code § 39-17-305 as engaging in disruptive behavior that might disturb the peace or cause public alarm, annoyance, or inconvenience.
Some of the actions that are deemed to cause public disturbance in Tennessee include:
- Fighting or engaging in violent behavior in public.
- Making unreasonable noise that cannot be controlled or disregarded.
- Using offensive or abusive language or gestures that are intended to incite violence.
- Hazardous conditions are created by actions that lack any legitimate purpose.
Common Examples of Halloween-Related Crimes of Disorderly Conduct
On Halloween, disorderly conduct crimes can arise in several ways:
- Public Disturbances – Crowds, parties, and gatherings can get loud, especially in residential areas. Yelling, blasting music, or loud gatherings that disturb neighborhoods may qualify as disorderly conduct if noise levels become intolerable and disrupt public peace.
- Intimidating or Aggressive Behavior – Threatening, chasing, or deliberately scaring others to an extreme can cross into disorderly conduct, especially if it causes people to feel unsafe. In costume, some people may act bolder than usual, leading to arguments or fights which can lead to being charged with crimes.
- Alcohol-Related Incidents – Halloween parties may involve alcohol, which can lead to rowdy behavior. Public intoxication combined with disruptive actions—such as shouting, arguing, or acting recklessly—can lead to disorderly conduct charges.
- Vandalism-Related Actions – Mischief like egging houses, throwing toilet paper, or other “pranks” can lead to disorderly conduct charges if they result in a public disturbance, harm property, or put others at risk.
Legal Consequences
Keep in mind that disorderly conduct in Tennessee is usually classified as a Class B or Class C misdemeanor, which may result in fines or even jail time, depending on the situation. It’s essential to hire a lawyer to represent you in your case to protect your rights.
4. Public Intoxication
Related to disorderly conduct, there is an increased risk of getting a public intoxication charge, a Class C misdemeanor crime, especially if you are acting disorderly in public spaces. Halloween parties are festive and spooky.
Alcohol overconsumption is sometimes part and parcel of many parties. Heading to public spaces after such parties can expose you to being charged with a charge for a public intoxication crime.
Penalties for Public Intoxication
Being a Class C misdemeanor crime, penalties for public intoxication in Tennessee include:
- $50 Fines
- 30 days jail
However, Tennessee law promotes medical intervention over criminal penalties. As such, voluntary treatment and protective custody may be used instead of criminal penalties when convicted of a public intoxication crime.
Legal Defense for Public Intoxication
Some possible defenses include:
- Lack of evidence that you a treat to yourself or others,
- You were not in a public place and
- Lack of proof of unreasonable annoyance.
However, consult a lawyer to guide you on the best defense strategy.
5. Trespassing
Many trick-or-treating activities, like pranks and attending Halloween parties, could involve entering private property without permission. Even without visible damage, just being on someone else’s property can count as trespassing. Property owners may feel their privacy or safety is violated, prompting them to report the incident to authorities.
Consequences of Trespassing in Tennessee
The legal penalties for trespassing include:
- $50 Fines
- Possible 30-day jail term
- Community service
How a Criminal Defense Lawyer Can Help
There are different ways one can defend themselves from trespassing charges. It might be as simple as addressing the misunderstanding regarding property boundaries to proving a lack of intent. You should hire a lawyer to help you craft an effective defense strategy if you are charged with a crime.
6. Assault and Halloween Brawls
Halloween parties and gatherings, as joyous as they may be, can degenerate into physical altercations, resulting in assault charges. The high-energy atmosphere, consumption of alcohol, and disguises brought about by costumes and pranks can lead to misunderstandings, arguments, and even fights.
Penalties for Assault in Tennessee
Assault is typically a Class A misdemeanor crime, attracting fines of up to $2,500 and up to 1 year in prison. If the assault is committed against a health care provider, law enforcement officer, contractor or employee of a utility performing their duties, the maximum fine rises $15,000.
Additionally, aggravated assault attracts different penalties. Reckless aggravated assault, which is a Class D felony, attracts a 2-12 year prison sentence. On the other hand, intentional aggravated assault, a Class C felony, attracts a 3-15 year prison sentence.
Defending Against Assault Charges
Assault charges are serious charges that require the input of an experienced defense attorney. It is best to learn how to defend yourself against assault charges by consulting our experienced lawyers. However, possible defenses include self-defense or lack of intent to cause harm.
7. Underage Drinking
Halloween, particularly for teens and college students, has become associated with parties where alcohol is often present. Peer pressure, lack of supervision, a partying atmosphere, accessibility to alcohol, and alcohol culture can lead to an increase in underage drinking.
Law enforcement in Tennessee actively targets parties due to the risks involved, including alcohol poisoning, accidents, and impaired judgment that can lead to being charged with crimes.
They typically mount party patrols, checkpoints, compliance at retailers and venues, and make use of social host and “Keg Registration” laws to curb underage drinking during holidays such as Halloween.
Consequences for Minors and Hosts
Under Tennessee Code TCA § 1-3-113, underage drinking is classified as a Class A misdemeanor crime. As such, an underage drinker conviction attracts:
- 11 months and 29 days in jail
- Fines up to $2,500
- Driving license suspension
- Probation
- Loss of scholarships
For adults who host parties where alcohol is provided to minors, they face similar fines and jail terms for this crime. Additionally, they may lose custody or guardianship rights if the courts deem their actions as endangering the welfare of a child.
How an Attorney Can Defend Minors or Hosts
Some of the defense strategies for both minors and party hosts include a lack of knowledge or proof of consumption. However, consult an experienced defense attorney to develop a bespoke defense strategy that suits your circumstances.
Call Today to Protect Your Rights and Your Future if Charged With a Crime on Halloween
As scary and fun as Halloween might be, it does present a potential for legal issues to arise as you celebrate the day the souls of the dead returned. These issues range from DUI charges, property damage and vandalism charges, disorderly conduct, public intoxication, trespassing, underage drinking charges, or even assault charges.
Whatever legal issue you might encounter during the Halloween festivities, ensure you have an experienced attorney representing you.
If you are facing charges for any of these crimes, you must contact a criminal defense attorney to explore your legal options and protect your rights. Contact Nash Law for an experienced criminal defense attorney. Call us today at 615-NASH-LAW to schedule a consultation.