When kids are too old for trick-or-treating but still not old enough that they want to let Halloween go by without some fun, they can get into all kinds of trouble. That can land them in legal jeopardy – especially if they’re adults under the law.
Halloween isn’t considered a night of no consequences – especially by law enforcement. In fact, officers are generally out in force not just on Halloween night, but the nights surrounding it.
Arrests for OWI typically spike around Halloween. Let’s look at two other common criminal offenses that bring a lot of Halloween arrests.
Malicious destruction of property
What many people call vandalism is called malicious destruction of property under Michigan law. A person who “willfully and maliciously destroys or injures the personal property of another person” is considered guilty of this offense.
The crime can be charged as a misdemeanor or felony, depending on the value of the property destroyed or damaged. If the value is $1,000 or more, it is considered a felony. Under that, it’s a misdemeanor. Both carry the possibility of jail time and a fine. Obviously, both are greater for a felony.
Note that the “amounts of destruction or injury in separate incidents…within any 12-month period may be aggregated in determining the total amount of the destruction or injury.” If someone has a habit of “tagging” or engaging in graffiti artistry on other people’s property, for example, they could get an enhanced sentence. They don’t get a pass on Halloween.
Disorderly conduct
Michigan’s “disorderly person” statute encompasses a lot of different types of behavior. The statute goes back nearly a century but is still state law. It includes everything from being a “common prostitute” to a “window peeper.”
More common Halloween offenses that fall under this law include:
- Being “engaged in indecent or obscene conduct in a public place”
- “Jostling or roughly crowding people unnecessarily in a public place”
- Being “intoxicated in a public place…endangering directly the safety of another person or of property or…acting in a manner that causes a public disturbance.”
Ending up in handcuffs and sitting in a holding cell is no way to spend Halloween. However, if you’ve been arrested, it’s important to take the matter seriously or the consequences of that Halloween fun could follow you for a long time. It’s smart to get legal guidance as soon as possible.