Disorderly conduct is one of the most common criminal charges because it covers so many issues. It is a broad-sweeping charge that covers any action that disturbs the public peace or offends members of the public. However, this doesn't mean that you can be charged with disorderly conduct anytime you do something that offends other people. Here are the three main issues that the court will consider when determining whether your actions constitute disorderly conduct or not:
The Location of the Alleged Incident
Location is a big deal because the potential effects of your actions depend on the location or environment. An action can be classified as disorderly conduct on one location and not in another. For example, actions that may cause a disturbance in a quiet hospital room may not cause a disturbance in a noisy barroom. Note that disorderly conduct doesn't have to occur in a public area per se; for example, you can be accused of disorderly conduct for actions committed in a rental apartment even though such premises are not exactly public premises. Even actions occurring in your own private compound may attract the charge of disorderly conduct if it affects other people not on the property.
The Circumstances Surrounding Your Actions
The circumstances of your actions will also be examined because the context of an action may determine whether it creates a disturbance or not. For example, fighting in a public street may be considered a disorderly conduct, but boxing in the school gym will not attract similar charges. Another example is an accident victim who is writing and screaming on a public highway; such a person will not face disorderly conduct charges even though the same actions will attract disorderly conduct charges if coming from an intoxicated person.
The Effect of Your Actions on Any Reasonable Person
Lastly, the effect of your actions on the public will also be considered. Note that it is not necessary for the court to prove that your actions were alarming or actually caused a disturbance. Indeed, a person doesn't have to come forward and claim that your actions harmed them in any way. The prosecution just needs to show that your actions could have disturbed any reasonable person. That is why you can be charged with disorderly conduct if you are found shouting in the street at night while everyone else is going around with their business and ignoring you.
Any criminal record is undesirable, even if it is for something that seems "minor," such as disorderly conduct. Therefore, you need to let a good criminal defense lawyer handle your disorderly conduct charges.
Share28 November 2017
When it comes to fighting in court, it isn't always easy to stay strong, stable, and secure in your convictions. Fortunately, by working with a great lawyer, things become much easier. About ten years ago now, I was accused of a crime that I didn't commit, and it was really heartbreaking. I started thinking about what to do, and a friend of mine suggested working with a great lawyer. It was incredible to see how much help the lawyer was, and within a few months, I was proven innocent. This blog is here to help people who might be fighting legal battles of their own.
