Happy Halloween! Halloween is officially here, which means that the holiday festivities will be in full swing. People will attend Halloween-themed parties, haunted houses, and much more!
A few weeks ago, I posted about common Halloween arrests. Let’s talk a bit more about additional common charges people face on or around Halloween, and how you can enjoy Halloween festivities without getting into legal trouble.
Criminal Trespass
When most people think of criminal offenses related to criminal trespass, they most often think of a person who enters another person’s property without permission. While that is one way to violate Georgia law, there are multiple ways that a person can commit a criminal trespass. These include:
- Intentionally damaging the property of another;
- Entering the property of another for an unlawful purpose;
- Entering the property of another after being notified that presence is forbidden;
- Remaining on the property of another after being asked to leave; and
- Defacing a grave or memorial.
Criminal Trespass is a misdemeanor offense and not a felony in Georgia. That means that it carries a maximum penalty of one year in jail or on probation, plus a fine of up to $1,000. A court may also require a person convicted of criminal trespass to pay restitution.
Avoid it: It might seem fun to explore that abandoned house, but that choice could get you into trouble. Stick to public events, haunted houses, and open parties. If you’re filming or taking pictures this Halloween, get permission before entering the property.
Click here to learn more about criminal trespass.
Reckless Conduct
Under O.C.G.A. § 16-5-60, reckless conduct occurs when a person causes bodily harm to or endangers the bodily safety of another person by consciously disregarding a substantial and unjustifiable risk that their act or omission will cause harm or endanger the safety of the other person and that disregard constitutes a gross deviation from the standard of care that a reasonable person would exercise in the situation.
The elements of an offense are the different factors that the State must prove beyond a reasonable doubt to secure a conviction on a particular charge. For the offense of reckless conduct, the State must prove the following:
- The person causes bodily harm or endangers the safety of another; and
- The person consciously disregards a substantial and unjustifiable risk that their act, or failure to act, will cause harm; or
- Endanger the safety of others; and
- The person’s disregard constitutes a gross deviation from the standard of care that a reasonable person would exercise in the situation.
The offense of reckless conduct is punished as a misdemeanor. The consequences for a misdemeanor reckless conduct conviction could include a fine that cannot exceed $1,000.00 or imprisonment for no more than 12 months.
Avoid it: That knife, prop, or gun might complete your costume, but it can cause serious harm to other people. This Halloween, opt for soft, fake costume additions. Leave the real weapons at home!
Click here to learn more about what is and is not reckless conduct in Georgia.
Affray
O.C.G.A. § 16-11-32 defines an affray as the “fighting by two or more persons in some public place to the disturbance of the public tranquility.” The statute classifies an a affray as a misdemeanor. As such, it may carry a penalty of up to one year of incarceration and/or a fine of up to $1,000.
Avoid it: Alcohol is a big part of many Halloween celebrations and can lead to things getting out of hand if it’s not consumed responsibly. If a party seems to be getting out of hand or tempers are rising, leave the celebration! It is better to leave than get in trouble with the law.
Click here to learn more about affrays.
Have Questions? Give Me a Call.
Halloween should be about fun, not fines, mugshots, or court dates. If you or someone you know finds themselves facing charges after a Halloween night out, give me a call! A mistake should not haunt you for years to come.
Stay safe, have fun, and have a happy Halloween!
