Define the Law: Disorderly Conduct
Posted on Mar 27, 2013 11:43am PDT
Disorderly conduct is somewhat of a catch-all term. People who are charged with disorderly conduct can do anything from act obnoxious on the street to start a drunken brawl. Every single state has statutes regarding this crime, but not all states have the same laws regarding the crime. In some states, police are less lenient and will charge annoying or frustrating people with disorderly conduct almost immediately upon discovering them. Other police may try to talk to offenders before actually charging them with a crime, and may only use disorderly conduct charges if a person is not cooperative to prior confrontation.
Unlike the offense known as breach of peace, disorderly conduct is considered a statutory crime. There are times that breach of peace can be a factor for a disorderly conduct charge. The elements of this crime vary depending on what jurisdiction the crime is being reviewed in. Most statutes specify that there are certain misconducts which can constitute disorderly conduct. For example, in some jurisdictions a person can be charged with this crime after using vulgar or obscene language in a public place without any need or necessity to do so. Vagrancy, which has its own charge in some states, can also be considered disorderly conduct if there are not specific laws written for the crime.
Vagrancy is the crime of being idle and lazy and relying on the charity of others even though the defendant is perfectly capable to work on his or her own. Oftentimes those charged with vagrancy are homeless people who are capable of making a life outside of their current situation but have failed to do so. Communities tend to regard vagrants with suspicion and as people that are most likely to commit crimes. Vagrants who become public nuisances or hazards may be charged with this crime as a way to remove them from the streets.
In addition to vagrancy, some people can be charged with disorderly conduct for loitering in places where this is not permitted. Those who cause a crowd to gather in a public place can also be charged with disorderly conduct if this is not acceptable in the community. Other disorderly conduct offenses include annoying passengers on a mode of transportation, such as a bus or a train. Public drunkenness is commonly considered a disorderly conduct offense, as well as inciting a riot.
Sometimes fighting or physical altercations in public places, or obstructing traffic for a frivolous reason can be considered disorderly conduct as well. The offense cannot be charged unless it is specifically defined within the statute considering disorderly conduct in a particular jurisdiction. Most courts will review the status regarding disorderly conduct and will have the case reviewed by a judge first.
After this, the offender may need to attend a jury trial and decide whether or not the accused is actually guilty of the offense. The punishment for disorderly conduct can vary depending on which state and jurisdiction you're located in. In most states, disorderly conduct will result in a fine or a short amount of imprisonment. In some very serious cases, disorderly conduct can be charged as a felony instead of a misdemeanor, and this can result in years in prison. Some statues in certain states declare that a person cannot be jailed for disorderly conduct unless he or she defaults on the fine that was issued.
Any socially offensive behaviors may be charged as disorderly conduct, so if you are accused of this crime you will want to make sure that you have a dedicated criminal defense attorney on your side. With the right lawyer there to help you out, you should be able to handle the difficulties of your case successfully so use this directory to find an attorney near you today.