In you have been charged with the offense of Open House Party in Florida, contact
an experienced Jacksonville criminal defense attorney to discuss your legal options.
In Florida, Open House Party is a highly defendable charge that can often be resolved
with a dismissal or without a technical conviction. Contact Hussein & Webber, PL
today for a free consultation.
How is “Open House Party” Defined Under Florida Law?
Under Section, 856.015, Florida Statutes, “a person having control of any residence
may not allow an open house party to take place at the residence if any alcoholic
beverage or drug is possessed or consumed at the residence by any minor where the
person knows that an alcoholic beverage or drug is in the possession of or being
consumed by a minor at the residence and where the person fails to take reasonable
steps to prevent the possession or consumption of the alcoholic beverage or drug.”
In Florida, the crime of Open House Party consists of five factual elements that
must be proven beyond a reasonable doubt:
the accused had control over a residence;
the accused allowed a party to take place at the residence;
drugs or alcohol were consumed by minors at the residence;
the accused, while in control over the residence, knew minors were consuming alcohol
or drugs; and
the accused, despite his or her knowledge, failed to take reasonable steps to prevent
the possession or consumption of the alcohol or drugs.
What are the Penalties for Open House Party Under Florida Law?
For a first offense where there were no physical injuries to minors, Open House Party
is a second degree misdemeanor, punishable by up to 60 days in jail. For a second
or subsequent offense, it is a first degree misdemeanor, punishable by up to one
year in jail. Where the accused commits the offense of Open House Party and either
the party or a minor present at the party causes or contributes to the death or bodily
injury of another minor who was present, the offense is classified as a first degree
misdemeanor, regardless of whether it was a second offense.
Charged with Open House Party in Florida? Hire an Attorney.
Due to the number of factual elements required to prove a charge of Open House Party
in Florida, there are innumerable factual and legal defenses that may be raised to
contest the charge or avoid a conviction. The attorneys at Hussein & Webber, PL have
extensive experience handling public order crimes such as Open House Party. If you
have been accused, contact our Jacksonville Criminal Attorney for a free consultation.