How bad is disorderly conduct?
Disorderly conduct may be different from state to state, even city to city. Each legal jurisdiction can dictate what is disorderly conduct according to their governing bodies, determine it to be. For this article, we’ll discuss it regarding the State of Florida and what types of disorderly conduct they have established.
In Florida, disorderly conduct is also referred to as a “breach of the peace” and prohibits public acts that are dishonest, unethical, and corrupt to public morals. Any action that disturbs the peace of others or violates public decency standards.
Being arrested for any criminal offense, including disorderly conduct, has can affect your future in several ways. In addition to possible jail time and/ or probation, it can affect your finances in the form of fines you’ll be charged with a second-degree misdemeanor, and the criminal record you’ll have can cost a loss of job and future employment.
Under Florida state law, disorderly conduct is a second-degree misdemeanor. It can carry a penalty between sixty days incarcerated or up to six months of probation, and a fine of $500.00. These are statutory maximum penalties a judge has available to sentence a defendant but may not necessarily reflect the possible sentence that will be issued in most cases.
Jail time for a first time offender is typically under sixty days. Your attitude and conduct during your arrest and before the judge will make an impact. Actions that can lead to longer jail time could stem from being disrespectful or disruptive towards law enforcement or created a reasonable endangerment for the safety of others, especially if there is any involvement of alcohol or drugs.
For the majority of first-time offenders, a disorderly conduct prosecution is permanent on criminal record and includes a probation sentence, that typically includes community service. Repeat disorderly conduct offenders, or for anyone with an extensive criminal history, jail is a probability.
What are disorderly conduct 4 examples?
Common examples of what the State of Florida considers as disorderly conduct include the following:
- Peace Disturbed
- Riot Inciting
- Altercations by fighting or physically
- Traffic obstruction
- Use of extraordinarily abusive or obscene language
- Loud noise or unreasonable noise
What happens when you get charged with disorderly conduct?
Maybe it is just a personal matter that has turned into a heated and loud argument. Perhaps it is a disagreement about a game on television at a bar. Maybe, for some reason, you’re found walking down a street naked.
These are a few things that could have law enforcement involved. Why? They are considered as disorderly conduct, or in Florida, it may be referred to as a breach of the peace. Either way, you’re going to be arrested and taken to jail. So, what should you do at that point?
Remain calm, cooperate, be polite, and do not offer more information than you’re asked. This is the most important thing to remember.
- Do not argue, interfere, or resist
- Do not lie or show fake identification
- Do not obstruct anything the police are doing
- Give correct information like your name and birthdate
- Remember the incident and anyone involved
- When you’re read your Miranda Rights, state that you choose to remain silent
- Ask for an attorney
- Do not say anything or sign anything until you have an attorney present
In the state of Florida, anyone arrested has one phone call allowed. You’ll need to call a number you have memorized because your phone cell phone will be confiscated at booking. Once your attorney is present, you’ll be put in a private room to talk. Do not hold back in any information, it is crucial your attorney know everything that led up to the disorderly conduct arrest if they are going to be able to defend you.
What is the penalty for disorderly conduct?
Once you are arrested for disorderly conduct, you will have a public record, but there are more consequences to follow that are worse. A criminal record can keep affect your current employment and keep you from future employment opportunities. A criminal record will keep you from getting loans, including a mortgage, keep you from owning or handling a firearm, take away your right to vote, and lose legal immigration status.
It is the decision of the office responding if the matter is a disorderly conduct offense and if an arrest is necessary. The district attorney will review the arrest record and decide if any charges should be pressed under Florida Statutes. Public intoxication disorderly conduct is handled differently than other disorderly conduct charges. It is considered a second-degree misdemeanor with a possible conviction that includes a fine and jail time in addition to a permanent criminal record. Anyone charged for disorderly conduct can face six days in jail with a fine of $500.00 maximum. There may be additional fines by the city and county as well.
Can disorderly conduct be reduced?
After being arrested for disorderly conduct or any other criminal charges, do not speak to anyone or sign anything until you have an attorney present. Even the most minor offense could leave you with severe consequences. Once you have an attorney and have disclosed the full story with all of the details to them, they may be able to have the disorderly conduct charges lessened or reduced. It is still your word against the arresting officer, but all the facts of the case will be presented to the judge, who will make the final decision. Your criminal record will have a lot of impact on the judge’s decision, so it is your first offense, they will likely reduce the charges and sentence accordingly. Dial (321) 631-2663 today for bail bonds.