Aberdeen Criminal and Traffic Offenses
Contents
Common Aberdeen Criminal Offenses
Let’s start with some frequent criminal charges in Aberdeen and what they mean.
Assault
Assault is intentionally or recklessly causing injury or offensive physical contact with another person. There’s different degrees based on circumstances. Like 3rd degree assault is causing reasonable apprehension of harm, while 1st degree is intentionally causing serious injury with a weapon. Assault penalties depend on the degree charged, but can include hefty fines and years in prison.
Self-defense is a common assault defense if you acted reasonably to protect yourself or others. Or if the “victim” consented to an athletic contest or procedure, that can defeat an assault claim.
Theft
Theft means taking someone else’s property without permission, with intent to deprive them of it. This includes everything from shoplifting to stealing a car. Charges and penalties vary based on the value of property taken. Under $750 is usually a misdemeanor, while higher amounts become felonies with prison time.
If you took property by mistake or with permission, that’s a defense. Or if you have a legal interest in the property through a contract or lien.
Drug Possession
It’s illegal in Aberdeen to possess drugs including marijuana, cocaine, heroin, methamphetamines, and prescription meds without a valid prescription. Charges depend on the type and amount of drug. Small marijuana possession is a misdemeanor, while possession of other drugs or large quantities often becomes a felony.
If the drugs were prescribed by a doctor or you had no knowledge of the drugs, that’s a solid defense. Illegal searches that uncover drugs may also violate your rights.
DUI
Driving under the influence of alcohol or drugs is illegal. You can get a DUI if your blood alcohol content (BAC) is .08% or higher. For marijuana DUIs, it depends on whether officers think you were impaired.
Penalties for DUIs include license suspension, big fines, and even jail time. Refusing a breathalyzer can also lead to severe consequences. A good DUI defense is challenging the traffic stop, any sobriety testing errors, or BAC measurement issues.
Domestic Violence
Domestic violence covers violent crimes committed by one family or household member against another. This includes things like assault, harassment, and endangerment. Penalties vary based on the offense. But domestic violence charges often carry enhanced penalties compared to similar non-domestic crimes.
If the alleged victim doesn’t want to press charges or testify, that makes building a domestic violence case tougher for prosecutors. Self-defense may also apply if you were protecting yourself from harm.
Common Aberdeen Traffic Violations
Moving on to some frequent traffic tickets given out in the Aberdeen area:
Speeding
Driving over the posted speed limit is illegal. How much over determines if it’s a traffic infraction or criminal charge. Going 1-19 mph over is a civil infraction. 20+ mph over becomes reckless driving, a misdemeanor.
Fines increase the faster you go and based on past tickets. Defenses like emergency, inaccurate speed reading, or selective enforcement may beat a ticket.
Stop Sign/Light Violation
Failing to fully stop at a stop sign or red light is illegal. Running a light that just turned red is usually a civil ticket. But blowing through a light already red can become reckless driving. Fines and points depend on circumstances.
If foliage blocked your view of the sign/light, that could potentially defeat the ticket. Arguing yellow light timing issues may also help.
Driving Without Insurance
All drivers in Aberdeen must carry valid auto insurance. Getting caught without coverage leads to fines, license/registration suspension, and impounded vehicles.
If it was a mistake by your insurer and coverage was actually in place, that’s a solid defense. Lending your car to someone else who lapsed insurance can also avoid penalties.
Cell Phone Violation
It’s illegal for drivers to use handheld phones and text while driving. Exceptions for hands-free modes. Breaking the rules results in hefty fines, plus points on your license.
If you were dialing 911 or on an emergency call, that may exempt you. Arguing the officer misidentified your phone activity is another defense angle.
Open Container
Having open containers of alcohol in a vehicle is prohibited in Aberdeen. This includes bottles, cans, and cups containing liquor. Strict liability offense with fines up to $5,000 for drivers, $500 for passengers.
One defense is if the container was full, sealed, and inaccessible to the driver. Or if it was a work vehicle like a taxi or limo and you didn’t know about the booze.
Dealing with Aberdeen Criminal & Traffic Charges
As this overview shows, Aberdeen takes both criminal and traffic violations seriously. Many carry significant fines, impacts to your record, and even jail time in some cases.
If you’re charged with a crime or ticketed for a traffic offense, don’t go it alone. Speak to an experienced Aberdeen criminal defense lawyer. They can evaluate any defenses that could get charges reduced or dismissed. Plus advise on the best options to minimize penalties.
With the right legal help, many Aberdeen offenders can avoid a conviction and move forward with their lives. Don’t hesitate to reach out for a free case review and learn about your rights. The sooner you take action, the better your chances of the best possible outcome.