Define the Law: Disorderly Conduct
Posted on May 8, 2014 4:07pm PDT
Also called a "breach of the peace", the behaviors covered by this charge vary across state and even county lines. The official definition could apply to a wide spectrum of actions, as disorderly conduct is defined as any action that would cause other people distress, or would infuriate, bother them, or incite them to illegal conduct. Let's examine that more closely.
First of all, the location of the alleged offense matters. As an example, it is clearly not illegal in and of itself to shout across the way to someone, even if some colorful language is involved. But if this happens in the middle of the night on a residential street, then a disorderly conduct charge might be filed. For instance, some states specifically say certain behaviors cannot occur in a public place. But disorderly conduct can occur in a private setting too, if for instance, a neighbor is bothered by the behavior. All a prosecutor has to demonstrate is that in an unsanctioned location, behavior occurred that would upset a reasonable person. Unfortunately, this means that someone does not actually have to complain about the behavior in order for someone to land the charge.
In addition to the vague terminology that defines this charge, there are also details on what some of these violations can include:
- Disturbing an assembly: An assembly refers to anything from a public rally to a religious observance. So if someone disrupts such a meeting, then they could be charged.
- Fights: If a scuffle is not serious enough to warrant an assault and battery charge, disorderly conduct charges could be filed.
- Police interactions: While an argument or disobedience in and of itself is not going to bring on this charge, an argument can be unlawful if it involves threats or touching the officer, for instance.
- Protesting: The constitution protects peaceful protests, but once a protest devolves into something unruly, it may no longer be protected. This could even be taken to apply to a sit-in that creates a traffic block.
- Public misbehavior: This could mean private actions that are done out in the open, such as public intoxication or urination, or masturbating out in public.
What are the penalties for a disorderly conduct offense?
Usually speaking, disorderly conduct will bring on a misdemeanor charge, but more serious actions (like a false emergency call) could bring on a felony charge. Penalties can include:
- Incarceration: This could mean days, even up to a year in jail. If you face a felony charge, it could mean at least a year in state prison.
- Fines: Again, as there are some many different circumstances that could warrant this charge, fines could be anything from $25 to over a thousand dollars. Fines might be exacted as a punishment in the place of probation or jail, or it could be combined with these other sentences.
- Probation: This is a pretty typical sentence for these charges. This could carry several months living under certain restrictions. If probation is violated, then a person may have to serve a jail sentence and pay a fine.
If you or someone you know faces these penalties, you need to be aware that there is a worse penalty still: a criminal record. This could permanently brand you as a convicted criminal, something that can diminish the quality of your life in anything from housing to finding work. If you have been charged with any crime, you need to get time on your side. Call a criminal defense attorney today to find out what your rights are, and what your defense strategies could be. Look through our directory today to find the local defender you need and deserve.