Disorderly conduct charges in Florida can arise from various situations that may seem minor at first but carry significant legal consequences. If you’ve been accused of disorderly conduct in Florida, it’s essential to understand the charges and seek experienced legal representation to protect your rights.
At Metcalf Falls, Criminal Defense Attorneys, P.A., we have a deep understanding of Florida’s disorderly conduct laws and a proven track record of defending clients against such charges.
Call us today at (813) 981-7005 for a free consultation.
What Is Disorderly Conduct in Florida?
Under Florida Statute § 877.03, disorderly conduct—commonly referred to as a breach of the peace—is defined as engaging in behavior that disrupts public order, decency, or safety. This broad law covers several types of behavior, including actions that:
Corrupt public morals
This refers to actions that shock or offend the community’s sense of acceptable conduct. Examples could include indecency, obscene gestures, or lewd behavior in public spaces.
Outrage the sense of public decency
This includes any conduct that is generally deemed inappropriate for public settings, such as public intoxication, exhibitionism, or vulgar language that disturbs others.
Disrupt the peace and quiet of individuals who witness the act
This may involve loud arguments, disruptive yelling, or creating a general disturbance that affects the peace of individuals nearby, such as disrupting a public event or gathering.
Involve brawling or fighting
Engaging in physical altercations or fighting in public places, whether provoked or unprovoked, is considered disorderly conduct. This can include bar fights, street brawls, or any violent behavior in public areas.
Because disorderly conduct is a broad offense, it encompasses various behaviors that disturb the peace. The specific details of the incident—such as location, intent, and how the act was perceived by witnesses—will often influence the severity of the charges and penalties.
Examples of Disorderly Conduct
Disorderly conduct can take many forms, and the law includes several examples of conduct that might lead to charges. Some common scenarios include:
Engaging in loud or disruptive arguments in public
Arguments that escalate to public shouting or chaos, disturbing the peace in public spaces like restaurants, shopping centers, or on the street. This could include shouting offensive remarks or making threats.
Physical altercations or fights
Any form of physical violence in public places can be classified as disorderly conduct. This could involve a fight between individuals, such as a scuffle at a bar or an altercation that disrupts the peace in a public setting like a park or sidewalk.
Use of obscene or offensive language that provokes a disturbance
Using offensive, vulgar, or threatening language in public that results in a public disturbance, such as cursing at bystanders or provoking violence with words. For instance, shouting insults or slurs in a crowded area could lead to charges if it creates a disturbance.
Conduct that creates a public safety concern, such as blocking traffic
Activities that disrupt normal activities and threaten public safety, such as causing an obstruction in a roadway, blocking entrances to buildings, or interfering with law enforcement during an investigation, are also considered disorderly conduct.
It’s essential to understand that the context of the situation matters. For example, while protesting peacefully in a public area may seem disruptive, it could be a lawful exercise of free speech and assembly. The key issue is whether the conduct was genuinely disruptive or posed a threat to public safety or order.
Penalties for Disorderly Conduct
In Florida, disorderly conduct is typically charged as a second-degree misdemeanor. The potential penalties for a conviction include:
- Up to 60 days in jail: For those convicted of disorderly conduct, a jail sentence of up to 60 days is possible. While this is relatively short, it can still disrupt your life, particularly if you have other criminal charges or a history of prior convictions.
- Fines of up to $500: A disorderly conduct conviction can carry fines of up to $500, which can be financially burdensome, especially if combined with other penalties or court costs.
- A permanent criminal record: One of the most serious consequences of a disorderly conduct conviction is creating a permanent criminal record. This can affect your ability to obtain employment, housing, and professional licensing. It can also harm your reputation and limit your future opportunities.
In certain situations, penalties can be harsher. For instance, if the disorderly conduct involves aggravating factors, such as physical violence, repeat offenses, or additional charges like resisting arrest, the court may impose more severe sentences.
It’s important to remember that, in some cases, a skilled attorney may be able to reduce the severity of the penalties, argue for diversion programs, or help get charges dropped entirely, especially if the evidence is weak or your actions were misunderstood.
Defenses Against Disorderly Conduct Charges
At Metcalf Falls, Criminal Defense Attorneys, P.A., we know that disorderly conduct charges can often be subjective and situational. Our experienced Florida defense attorneys will thoroughly evaluate your case to identify the best defense strategy, which may include:
Exercising Your Rights
If your actions were part of a constitutionally protected activity, such as freedom of speech or assembly, we can argue that your behavior was lawful.
Lack of Intent or Misinterpretation
Disorderly conduct charges require proof that your actions were willful and disruptive. If your behavior was accidental or misunderstood, we’ll work to challenge the intent element.
Self-Defense or Defense of Others
If you were involved in a physical altercation, we can argue that your actions were necessary to protect yourself or others from harm.
Insufficient Evidence
We will carefully examine the prosecution’s case to identify weaknesses, such as unreliable witness statements or lack of credible evidence.
Frequently Asked Questions About Disorderly Conduct
Can I be charged with disorderly conduct for using offensive language?
Yes, you can be charged with disorderly conduct for using offensive language, but only if your words incite a disturbance, provoke a violent response, or pose a legitimate threat to public safety.
What should I do if I’m arrested for disorderly conduct?
- Remain calm: Avoid any resistance to law enforcement, as this can lead to additional charges.
- Do not argue with law enforcement: Refrain from attempting to explain yourself or engage in a confrontation at the scene.
- Exercise your right to remain silent: Anything you say can be used against you in court, so it’s best to stay silent until you have legal representation.
- Contact an experienced criminal defense attorney: Reach out to an attorney as soon as possible to review your case, assess the evidence, and begin building a strong defense.
Can disorderly conduct charges be dropped?
Yes, disorderly conduct charges can be dropped if there is insufficient evidence, your actions were legally justified, or your attorney negotiates a dismissal with the prosecution. An experienced defense lawyer can assess your case and explore options to have the charges reduced or dismissed.
Is disorderly conduct considered a serious offense in Florida?
While disorderly conduct is typically classified as a misdemeanor, it can still have serious consequences, including jail time, fines, and a permanent criminal record. In some cases, disorderly conduct charges can escalate to more serious offenses if aggravating factors exist, such as resisting arrest or public intoxication.
Will a disorderly conduct conviction stay on my record?
Yes, a disorderly conduct conviction will become part of your permanent criminal record, which can have long-lasting consequences. A criminal record may affect your ability to secure employment, housing, educational opportunities, or professional licenses. However, depending on the circumstances, you may be eligible to have your record sealed or expunged.
Why Work With Our Florida Disorderly Conduct Defense Attorneys?
A disorderly conduct charge in Florida may seem minor, but a conviction can have lasting consequences, including a permanent criminal record, fines, and possible jail time. This can impact your ability to secure employment, housing, or educational opportunities. Working with an experienced property crime attorney like Brett Metcalf ensures you have a strong advocate to challenge the charges and protect your future.
Brett Metcalf brings unique insight from his time as a prosecutor at the State Attorney’s Office. This experience gives him a clear understanding of how disorderly conduct cases are built and prosecuted. Brett uses this knowledge to craft strategic defenses, such as proving a lack of disruptive behavior, questioning witness credibility, or highlighting violations of your First Amendment rights.
Since 2012, Brett has fought tirelessly for clients facing misdemeanor and felony charges in Florida. From your initial consultation, he works to have charges reduced or dismissed whenever possible. If your case proceeds to court, Brett prepares a compelling defense to seek an acquittal or the most favorable outcome based on the circumstances.
Brett’s dedication has earned him widespread recognition, including being named a Super Lawyers Rising Star and holding a perfect 10 rating on Avvo.com. With over 90 five-star reviews, his proven track record demonstrates his commitment to helping clients move forward without a criminal record holding them back.
Contact Metcalf Falls, Criminal Defense Attorneys, P.A. Today
Don’t face disorderly conduct charges alone. Let our experienced legal team fight for your rights and guide you through the legal process.
Call us at (813) 981-7005 or complete our online contact form to schedule your free consultation today.