Disorderly Conduct in Criminal Law

Disorderly conduct is an umbrella term that is used to describe behavior that can or has caused a public disturbance. Usually, individuals are arrested for disorderly conduct because they exhibited the behavior in front of a police officer or other authority figure. Rarely are people arrested for disorderly conduct as a result of the testimony of a witness; police officers know that such charges rarely see the inside of a courtroom.

The charge of disorderly conduct is a fairly minor criminal offense which is usually punished by a small fine. Most people who are charged with disorderly conduct simply pay the fine rather than wasting their time in court; others have attorneys who get the charges dropped. Although disorderly conduct is punishable by both probation and incarceration, such sentences are rarely handed down unless disorderly conduct is accompanied by another offense.

As mentioned above, disorderly conduct is an "umbrella" term for a host of other criminal offenses. Examples of disorderly conduct include:

- Public intoxication
- Disturbing the peace
- Public loitering
- Obstructing traffic
- Physical altercations
- Loud displays of foul language
- Obscene gestures
- Unreasonably loud commotion or noise (such as music)

The main problem with disorderly conduct is that many people are arrested on the charge without reasonable cause. Police officers who have trouble difusing a situation with a large group of people often result in arresting everyone involved, regardless of fault. Further, individuals who give police officers a hard time will most likely find themselves arrested on this ambiguous charge.

If you are arrested for and convicted of disorderly conduct, the charge remains on your record. Although it is comparatively minor, it can hinder one's ability to obtain employment or an education. It will also be taken into consideration if you are ever charged or tried for another crime, which can affect the judge's tendency for lenience. You only get one chance to be a first-time offender, and any subsequent criminal charges are more difficult to dispell. For this reason, it should be a top priority to get charges for disorderly conduct dropped or reversed.

One way to do this is through a qualified an experienced defense attorney. He or she can work with the courts to get the disorderly conduct charges dropped or lowered to a lesser charge. You can also take your chances at trial if you have sufficient evidence to prove your innocence. This is always a gamble, however, and one can never predict the direction of a jury.

Disorderly conduct can be charged as either a misdemeanor or a felony, depending on the defendant's criminal history as well as the nature of the offense. Misdemeanor disorderly conduct is usually punished with a light sentence - such as a fine - while felony disorderly conduct can be punished by jail time or probation.