subject: Disorderly Conduct - About The Charge And How To Beat It - Hackensack Lawyer [print this page] If you are charged with disorderly conduct in New Jersey, 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. The definition of a disorderly conduct offense is below in italics, if you want a translation that makes sense in normal English, you can skip this next paragraph and I will lay it out for you:
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.
