Crime Overview Disorderly Conduct
Disorderly conduct is one of the most common crimes in the United States . It is often used as a catch-all for any behavior that law enforcement finds unsavory. Police are often given vague and broad authority to arrest people for disorderly conduct for any conduct causing a disturbance or has the potential to cause a disturbance.
Disorderly conduct is generally a misdemeanor, but can be charged as a felony depending upon the circumstances and the laws of your state. Disorderly conduct charges can lead to jail time, probation, community service or other forms of punishment. While it may seem insignificant, a disorderly conduct conviction can damage you future career plans, and also create problems if you have any subsequent problems with the law. If you have been charged with disorderly conduct, it is wise to retain the services of a competent criminal defense attorney. If this is a first offense, it is possible to have your sentence suspended or the charges dropped.
Disorderly conduct laws vary from state to state, but the jest of the crime is the same and is prosecutable in all 50 states. Some examples of disorderly conduct would be public drunkenness, fighting, using loud obscene or abusive language, obscene gestures, loitering, indecent exposure, soliciting prostitution, inciting a riot, impeding traffic or just being responsible for loud and obtrusive noise. Each state has determined what offenses fall under disorderly conduct, and some of these listed may be separate crimes.
The criminal charge of disorderly conduct may seem to be contradictory to the constitutional right to freedom of speech and assembly. While the courts have on occasion required states to be more specific in their laws, no court has restricted the use of disorderly conduct laws in general because of unconstitutionality. The right to freedom of speech does not allow you to unreasonably disturb the peace of other citizens.
Some states allow for the prosecution of disorderly conduct charges that occurred over the telephone or the internet. Causing a disturbance to others through obscene materials, harassment, threatening communication, profane language either through the phone or by email or other form of electronic communication can be considered disorderly conduct. In Wisconsin , for example, if the intent is to harass, annoy or offend another person, regardless if it is done in person, over the phone or through email is a Class B misdemeanor under their disorderly conduct statute.
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