Your favorite team won a playoff game, and now you and your buddies are celebrating in the street outside the bar you were watching in. Proudly. Loudly. And maybe making obscene gestures at fans of the other team.
Maybe you and your fellow members of the best bachelorette party ever have been a wee bit overserved and are having a great time. Why are the people in this place are such bummers and busy giving you the stink-eye?
It could be that the line for the bathroom was absolutely ridiculous and taking forever, so slipping outside to relieve yourself in the alley was a fantastic idea until you realized that the flashing red and blue glow behind you was not from the band's stage lights.
Disturbing the peace and disorderly conduct cases are usually either misdemeanor charges or infractions, but neither looks good on your criminal record. While there's no such thing as a way of avoiding a criminal charge every time, there are ways to increase your chances of possibly getting away with a warning or community service.
The Best Defense Happens Before Police Become Involved
Every situation is different, but it won't hurt if you attempt to be a reasonable person before things go too far. For example, if a bar owner asks you to leave, sometimes the easiest way out is the simplest — apologize and be on your way. Even if it doesn't seem fair.
Pressing the issue by refusing to leave, throwing a punch, or continuing to bother others is when a night out can turn into a criminal charge.
Kind of a Catch-All
What constitutes either disorderly conduct or disturbing the peace varies from state to state. In general, they're used to charge or cite people for being a public nuisance. This can mean public intoxication, noise ordinance violations, fighting, blasting loud music after being warned to turn it down, and other similar offenses. It can even apply to a dog that won't stop barking, although the owner is the one who'll have to pay any fines.
Disorderly conduct and disturbing the peace give law enforcement officers an option for an individual who is behaving badly in public and is a possible threat to escalate the tension level in a situation. With a minimal fine and jail time usually maxed out at 15 days or so, it can allow for the defusing of a potentially volatile encounter. It's fine for people to let off a little steam and stress, but when those around them are uncomfortable or fear things turning in a bad direction, it provides a legal means of removing the aggressor from the scene.
The statutes are also useful when law enforcement doesn't know who instigated a fight. Instead of assault charges, the parties involved face a misdemeanor while ceasing to engage in disruptive behavior. This will only happen in less serious cases, but a first-time violator of a disorderly conduct law may not find themselves being charged through the legal system.
If You Are Charged
If you find yourself facing the possibility of a criminal offense for either a disturbing the peace or disorderly conduct charge, keep in mind that the broad definitions of the statutes can work in your favor. If a charge of disorderly conduct is processed, it's good idea to talk with a criminal defense attorney for needed legal advice and to discuss your options. Potential defense strategies to avoid a criminal record include contesting the charges or agreeing to community service if the charges are dropped.
If you do contest the charges, law enforcement will have to prove you were misbehaving with the intent to cause some sort of harm to others. Creating a public disturbance is a crime, but was what you were allegedly doing all that disruptive? Were you aware that what you were doing was a violation?
If fighting was involved, did the other person start it? Did they provoke you? Was your involvement entirely self-defense, and if so, did someone else witness it?
The exact defense will depend on the circumstances involved, so it's a good idea to speak to a lawyer to discuss the best options for your case.
Related Resources
- What Is a Public Nuisance? (FindLaw's Law and Daily Life)
- Misdemeanor Charges 101: Flexible Treatment, Federal Treatment, and Consequences (FindLaw's Criminal Law Basics)
- What's the Difference Between a Misdemeanor and a Felony? (FindLaw's Criminal Law)
