Disorderly Conduct Violations - How Disorderly Conduct Lawyers Can Fight Your Case

If you are charged with disorderly conduct in NJ

, it can arise out of a number of situations: a fight, an argument, loud or offensive language, or failure to comply with the direction of law enforcement. In some exciting legal language (which I will translate for you momentarily), disorderly conduct is outlined as follows:

Disorderly Conduct:

a. Improper behavior. A person is guilty of a petty disorderly persons offense, if with purpose to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof if he or she:

(1) Engages in fighting or threatening, or in violent or tumultuous behavior; or

(2) Creates a hazardous or physically dangerous condition by any act which serves no legitimate purpose of the actor.

b. Offensive language. A person is guilty of a petty disorderly persons offense if, in a public place, and with purpose to offend the sensibilities of a hearer or in reckless disregard of the probability of so doing, he addresses unreasonably loud and offensively coarse or abusive language, given the circumstances of the person present and the setting of the utterance, to any person present.

"Reading the actual legal definitions of the law gives most people a headache."

The above statute is very vague. It essentially means that disorderly conduct can be any loud, obnoxious, or disruptive behavior. These charges typically stem out of alcohol related incidents but not always. It can also arise out of an argument or domestic dispute. Also, offensive language in public can also give rise to a disorderly conduct charge.

What are the penalties?

Disorderly conduct is a petty disorderly persons offense in New Jersey. It is the lowest level criminal offense we have in New Jersey but it is considered a criminal charge. As a result, if you are convicted, this charge will show up on your permanent record. You may be able to expunge it after five (5) years in some cases but it is best to avoid this charge on your record in the first place if possible.

You are also facing up to ninety (90) days in the county jail and a $500 fine. You could also receive probation if you are convicted of this offense. These are a few of the good reasons to hire an attorney experienced in dealing with such cases.

An experienced criminal lawyer can often get this criminal charge downgraded or dismissed entirely. Disorderly conduct is clearly a very vague charge and covers any and all "tumultuous behavior". However, many times prosecutors are willing to downgrade this criminal charge to a local ordinance violation for disturbing the peace or a noise violation which results in a fine and no criminal record.

These local ordinance violations are on the level of a littering ticket and will have no long term impact on your future. It is essentially the same as having a party at your house and having too many people over and the police are called and they write you a noise violation. This is a violation of local law and not the New Jersey Criminal Code. Consequently, it results in a fine and no record.

Disorderly conduct is one of the most commonly issued charges in the state of New Jersey. Most times, it's really nothing to worry about but that all depends on how it's handled.

I had a client that got into a simple argument with a police officer on a bicycle. My client claimed that the officer told him to "get out of the way" while he was riding. My client then promptly told the officer that his bike didn't belong on the sidewalk, and that the sidewalk was for pedestrians. In reality, bicycles are supposed to behave in accordance with normal motor vehicle code, so my client might have had a valid point. However, sometimes it's better just to walk away... after all everyone makes mistakes.

The officer allegedly turned his bike around and an argument ensued. The officer remained calm but my client became more and more frustrated and began to raise his voice. In accordance with disorderly conduct, he engaged in "unreasonably loud language", and was promptly issued a ticket.

It's somewhat frightening to think that this could be considered a criminal charge, but that's the truth in NJ. Despite this fact, I've always felt that this is for the sake of negotiations in the courtroom. If a defendant knows that he or she is facing a criminal charge, a plea bargain is a much more likely result. However, having a solid attorney on your side gives you the best basis for this type of negotiation and the ability to potentially beat your charge entirely.

by: Travis Tormey

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