Disorderly conduct

Disorderly conduct is one of the most common offenses in the United States, and is often the result of unreasonable police officers giving someone a hard time until they lose their cool.

Disorderly conduct generally includes most kinds of unruly or disturbing behaviors, which acts to provoke a disturbance.

Disorderly conduct laws exist in every state, and are often used as a “catch-all” charge for minor offenses. It is important to note that disorderly conduct is a prosecutable offense, which can lead to fines, jail time, and other punishments upon conviction.


Examples of Disorderly Conduct

Disorderly conduct offenses vary widely by state. Here are some of the most common acts that are considered disorderly conduct offenses:

• public drunkenness
• Inciting a riot
• disturbance of the peace
• loitering in certain areas
• fighting / physical altercations
• obstructing traffic
• use of extremely obscene or abusive language
• loud or unreasonable noise

Given the wide range of behaviors that could constitute disorderly conduct, a person may be arrested for this crime without proper cause. Virtually any socially offensive or disruptive conduct may be prosecuted as disorderly conduct.


California Disorderly Conduct Laws

Under California criminal law, disorderly conduct is a misdemeanor charge that carries up to one year in jail and various fines. Any of the following can be charged as disorderly conduct:

• Panhandling
• Window peeping
• Squatting
• Using binoculars or similar tools to look into the property of another
• Prostitution
• Public drunkenness
• Loitering

Ref: CA Disorderly Conduct Laws: (California Penal Code Section 647)

Disturbing the Peace

Similar to disorderly conduct and also considered a misdemeanor is the offense of disturbing the peace. This offense is punishable by up to 90 days in jail and fines up to $400. Disturbing the peace includes such actions as fighting in public, disturbing another with loud unreasonable noise, or using offensive words in public which are likely to provoke a violent reaction.

See: California Laws – Disturbing the Peace (California Penal Code Section 415)


Disorderly Conduct Offenses in Florida

Disorderly conduct is an offense that involves a person acting in such a manner as to constitute a “breach of the peace”. Some examples of acts which may be classified as disorderly conduct include:

• Acts of a nature so as to corrupt public morals
• Acts that outrage the sense of public decency
• Acts that affect the peace and quiet of those who witness them
• Brawling or fighting

At times it may be difficult to distinguish acts which may simply be exercising your freedom of speech and those which may constitute disorderly conduct. Asking a police officer a question or speaking your mind may turn into a circumstance where you are facing criminal charges simply because an officer wants to demonstrate his or her authority over you and the situation. The attorneys at Musca Law are very familiar with handling criminal charges involving disorderly conduct. We can help determine if these charges were filed in violation of your First Amendment right to free speech. If that is the case, we can use this in your favor to possibly have your charges dropped or to secure an acquittal on your behalf.

Accused of or charged with disorderly conduct? You may face misdemeanor charges and penalties of up to 12 months in jail and/or a fine of up to $1,000 if you are convicted. A skilled and dedicated lawyer can serve to protect you through all criminal proceedings and work to help you avoid a conviction.


New Jersey Disorderly Conduct Laws

Disorderly conduct laws in New Jersey are focused on the objective of keeping the peace. Any physical act or language that threatens or offends others in a public area can generally be considered disorderly conduct. This may include, but is not limited to fighting, rioting, engaging in other violent behavior, and yelling obscenities or other offensive language in public areas such as parks, schools, etc. One critical element to remember is that the action must have taken place in a public area, or else there is no violation of New Jersey law.

WHAT MUST A PROSECUTOR SHOW IN ORDER FOR A DEFENDANT TO BE FOUND GUILTY OF DISORDERLY CONDUCT?

In order for you to be convicted of disorderly conduct, the prosecution must prove a number of things beyond a reasonable doubt. Since disorderly conduct charges can only stem from actions taking place in public, the prosecutor must show that the setting was that of a public area. They must also show that the defendant either had a purpose to disturb the public crowd or committed the act in a reckless manner, meaning they did so without regard to the consequences of their actions. Accidental actions done in a non-reckless manner are not subject a disorderly conduct charge.

Next, the prosecution must show that the defendant engaged in disorderly conduct by improperly behaving or voicing foul language. When the prosecution is attempting to obtain a conviction based on improper behavior, they must show the defendant “engage[d] in fighting or threatening, or in violent or tumultuous behavior” or “create[d] a hazardous or physically dangerous condition by an act which serves no legitimate purpose”. This improper behavior part of the statute is meant to encompass physical acts, whereas the offensive language section covers verbal acts. The offensive language section is also broad, stating that unreasonably loud, offensive language is considered disorderly conduct if said in a public setting. Whether or not the language and tone amounts to that which is criminal are determined based on the people present and the setting, meaning this is determined on a case by case basis. The broadness of both sections of the law allows the prosecutor a lot of discretion in making a case against you. It is important you have an experienced Municipal Court attorney who is familiar with the specifics of Disorderly Conduct laws and is able to defend you against such a broad statute.


New York Disorderly Conduct Laws

Disorderly Conduct is codified under the New York Penal Section Law 240.20. It is an extremely frequently charged violation in NYC and it is also a charge to which many of the more serious misdemeanor charges are eventually reduced.

It is a Violation and not a crime under New York Law since the maximum penalty is 15 days in jail.

When a client is charged with a criminal offense, such as possession of marijuana in the 5th degree, assault, reckless driving, etc., many NYC lawyers will seek a disorderly conduct (240.20) as a compromise between the misdemeanor and the outright dismissal and/or the ACD. NYC Prosecutors frequently offer it instead of the criminal misdemeanor when a defendant has a minimal prior record. In fact, anyone spending time in a New York City Criminal Courtroom, will likely hear prosecutors offering a 240.20 more frequently than any provision of the Penal Law.

Offering the 240.20 allows prosecutors the chance to dispose of a case short of offering an ACD or just dismissing the case outright.

When charged with a misdemeanor in NYC, it is often very tempting to accept the 240.20 Disorderly Conduct when and if it is offered by the prosecutor. After all, the 240.20, unlike a misdemeanor, is not a crime but just a violation which means that it will neither create nor add to a client' criminal record. It means that a person (assuming they have no prior criminal convictions) does not have to answer yes on a job application to the question of whether they have ever been convicted of a crime.

However, because of the sealing ramifications discussed above and other reasons, the decision to accept the 240.20 is one that should be carefully considered and discussed with a good NYC criminal lawyer.


Wisconsin Disorderly Conduct Laws

Under Wisconsin Statute 947.01 - Disorderly Conduct - police are given very vague and very broad authority to arrest people in both public and private places (including their homes) for any conduct that may (in the police officer's opinion) be either provoking or causing a disturbance currently, or that has the potential to provoke or cause a disturbance after police leave the scene.

WI Statute 947.01: Disorderly Conduct. Whoever, In A Public Or Private Place, Engages In Violent, Abusive, Indecent, Profane, Boisterous, Unreasonably Loud, Or Otherwise Disorderly Conduct Under Circumstances In Which The Conduct Tends To Cause Or Provoke A Disturbance Is Guilty Of A Class B Misdemeanor.

Police arrest people for disorderly conduct by citing many types of behavior. As well, the behavior that could be classified as being "disorderly" need not be currently obvious. The behavior could have occurred prior to police arriving on the scene. Even if no disturbance appears to be occurring at the time that police arrive on the scene, but it appears to a police officer that there is a potential for the behavior to continue after police leave the scene, an arrest can (and often does) occur.

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Disorderly conduct is a criminal charge in most jurisdictions in the United States. Typically, disorderly conduct makes it a crime to be drunk in public, to "disturb the peace", or to loiter in certain areas. Many types of unruly conduct may fit the definition of disorderly conduct; as such statutes are often used as "catch-all" crimes. Police may use a disorderly conduct charge to keep the peace when people are behaving in a disruptive manner to themselves or others, but otherwise present no serious public danger. Disorderly conduct is typically classified as a violation or misdemeanor.

The elements of disorderly conduct vary from one jurisdiction to another. Most statutes specify the misconduct that constitutes the offense. Acts such as the use of vulgar and obscene language in a public place, Vagrancy, loitering, causing a crowd to gather in a public place, or annoying passengers on a mode of public transportation have been regarded as disorderly conduct by statute or ordinance. The offense is not committed unless the act complained of clearly falls within the statute.