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  • Writer's pictureBrian Foley

Conroe Criminal Defense Attorney - Top 3 crimes you might be arrested for during football season.

Conroe Criminal Defense Attorney - Brian Foley - Board Certified in Criminal Law

As the new football season is upon us thousands of people will be heading out to the games, having a good time with friends, getting together, and showing their city or school spirit. But this is also a time of greater police interaction with the public due to the large gatherings that football games create.

I was a former prosecutor in Bryan/College Station, and in Conroe and The Woodlands during the Super Bowl when Tom Brady and the patriots came back against the Atlanta Falcons. Here is a list of the top 3 crimes you might be arrested for during football season.

3. Public Intoxication

If you have been drinking alcohol and get into a heated argument with the opposing fan base even if punches are thrown you are less likely to be arrested for Assault than you are for Public Intoxication. Public Intoxication in Texas is a Class C offense the same level as a speeding ticket. But you can be arrested and it is an easy way for the police to neutralize a situation that they think might be getting out of hand. When there is a gathering of a large group of people police are much quicker to arrest someone for Public Intoxication after a brief disturbance than they would be under normal circumstances. Luckily these cases can normally be taken care of by participating in classes or community service and they don't have to stay on your record if you can get them dismissed and expunged.

2. Assault of Sports Participant

Did you know that threatening or pouring a drink on a baseball player in the dugout is a Class B misdemeanor punishable by up to 6 months in jail? Or what about throwing a tortilla at Texas Tech and it hitting a player of the other team? Well the Texas Penal Code has a provision that says any offensive contact or threat of assault which is normally a class C ticket will be punished as a Class B if the offense is committed by a person who is not a sports participant against a person they know is a sports participant.

Okay so maybe this isn't really the most common criminal offense committed during football season but isn't that interesting to know?

(2)  a Class B misdemeanor if the offense is committed by a person who is not a sports participant against a person the actor knows is a sports participant either:
(A)  while the participant is performing duties or responsibilities in the participant's capacity as a sports participant; or
(B)  in retaliation for or on account of the participant's performance of a duty or responsibility within the participant's capacity as a sports participant;

1. Driving While Intoxicated

Unfortunately Driving While Intoxicated seems like the most prevalent crime no matter what season it is. But football season brings along with it an enhanced law enforcement presence. On gamedays in Houston, College Station and all over Texas police presence is stepped up in anticipation of individuals drinking at football games and then driving home. You are more likely to get arrested on days like this or after events like the Super Bowl. When I was a prosecutor in College Station we would get an influx of these "gameday" cases. These can be particularly challenging for a defendant because they likely don't live in the area where the offense occurred and they will have to travel for court repeatedly. If you are headed to a football game this season you should always designate a completely sober person to drive. It has been my experience that if you only had two drinks throughout the day and you get pulled over for speeding from a football game you are much more likely to have a complete DWI investigation sprung on you. And if your balance isn't great under normal conditions you might find yourself needing the services of a criminal defense attorney because of an admission to drinking alcohol and not much else.

Stay safe and enjoy the upcoming season!


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