Well one of my friends commited an assault and she is old enough to drink and everything..but i heard if you are drunk when you commit a crime you get charged worse..
2006-10-06 15:04:21 · 13 answers · asked by Lisa 1 in Politics & Government ➔ Law Enforcement & Police
Drunkenness is either a mitigating or an aggravating circumstance.
It is mitigating when a person committed a crime unintentionally because he was under the influence of liquor.
If a person is an alcoholic or he drank liquor because because he wanted to commit a crime, in this instance, drunkenness is an aggravating circumstance.
The above rules are provided for in the Penal Law.
2006-10-06 15:09:23 · answer #1 · answered by FRAGINAL, JTM 7 · 1⤊ 0⤋
Maybe because if the person wasn't drunk they wouldn't commit the crime.
But the bottom line is a crime is a crime.
2006-10-06 22:12:29 · answer #2 · answered by daljack -a girl 7 · 0⤊ 0⤋
I don't think you get charged worse, but alcohol intake is taken into account, it shows your irresponsibility. If it were not so everyone would get off saying they were drunk or under the influence of drugs. Maybe even say that they were going to a rehab; had been molested as a teen, or that they did it because they were a homosexual. No, nobody would be that craven to use those tired excuse, could they?? Well, could they!!???
2006-10-06 22:15:01 · answer #3 · answered by Frank R 7 · 0⤊ 0⤋
No...drunk is not a reason byitself to get worse charges..it's more a matter of the judge looks at it a a higher level of stupidity. In some cases of severe crimes it can highten the punishment
2006-10-06 22:07:11 · answer #4 · answered by J D 3 · 0⤊ 0⤋
You probably wouldn't be charged differently, but the mercy of the judge might go out the window when they read "drunk and disorderly".
If your friend has no priors, she will probably get a slap on the wrist, an order for community service or maybe even probation.
2006-10-07 00:45:57 · answer #5 · answered by Protagonist 3 · 0⤊ 0⤋
being drunk is more of an agravating factor rather than a mitigating one to the case, as drunkeness could never be a good defense from the crime. see, mere ignorance of the law excuses no one, what more if one knows the law and breaks it just because he is drunk....
2006-10-06 22:13:50 · answer #6 · answered by sheikaella 4 · 0⤊ 0⤋
committing a crime whether drunk or sober is still a crime and punishable by law.
2006-10-06 22:07:01 · answer #7 · answered by Anonymous · 1⤊ 0⤋
No. you just get charged with drunk in public, or disorderly. plus the offense you broke
2006-10-06 23:06:30 · answer #8 · answered by Anonymous · 0⤊ 0⤋
Probably drunk and disorderly besides assault. If it is a mva and you at fault its DWI is DWi and big trouble.
2006-10-06 22:10:48 · answer #9 · answered by longroad 5 · 0⤊ 0⤋
oooooooh yes.. it is alot worse if you are drinking.. lets say you had a few drinks and you were driving a idiot side swiped your car and it was clearly his fault, well just because you had a few drinky poos this means you take the entire fall for the accident..
2006-10-06 22:08:50 · answer #10 · answered by sissybombay 3 · 0⤊ 0⤋