Charged with Disorderly Conduct?
Disorderly conduct covers a wide range of offensive conduct. The police usually arrive after the occurrence but may charge a suspect where located in a “suspicious place and under circumstances which reasonably show” that the crime was committed. The charge is usually a Class C misdemeanor for which the penalty is a fine of up to $500. Where the charge involves discharging a firearm, it is a Class B misdemeanor with a fine of up to $2,000 and up to 180 days in jail. Though the penalties themselves are not heavy, a conviction does go on a person’s criminal record and can affect future school, employment and housing applications.
Disorderly Conduct Charges
Disorderly conduct charges include:
- Abusive or indecent language or offensive gesture in a public place tending to incite an immediate breach of the peace
- Abusing or threatening a person in public place in an obviously offensive manner
- Making unreasonable noise in a public place or near a private dwelling he has no right to occupy
- Fighting with another in a public place
- Discharging a firearm in a public place or across a road
- Indecent exposure in a public place
- For a lewd or unlawful purpose looking into private dwellings, guest rooms, public restrooms or shower stalls designed to afford privacy.
About Disorderly Conduct
Disorderly Conduct Arising from a Domestic Violence Call
In the unfortunate incident of a domestic dispute, many times heated emotions and passionate quarrels can escalate out of control. One of the possible repercussions of such an incident is police involvement. This comes about when one party contacts the police, or even a concerned neighbor. The police are very likely to make an arrest if they are called to investigate a domestic violence incident, and one of the most common charges is that of disorderly conduct. If you have landed in jail on a disorderly conduct charge, effective legal counsel is readily available to you from a Houston domestic violence lawyer.
The criminal charge of disorderly conduct is widely used – and may lead to an unfair arrest. Under Texas law, police can arrest someone for this offense for a variety of reasons, including the use of abusive language or an offensive gesture, threatening another person with violence, fighting, displaying a weapon, or creating unreasonable noise. Disorderly conduct has a reputation as a “catch-all” charge. When law enforcement officers arrive on the scene of a complaint but did not actually see a crime being committed, this charge can easily be levied, and an innocent person can be steamrolled into a conviction.
Protecting Your Constitutional Rights
You are entitled to many cherished and important constitutional rights, and if you are facing disorderly conduct charges, we at Chernoff Law stand ready to vigorously protect them. Our experienced and capable team includes attorneys who are board-certified by the state of Texas in criminal law, and can use their legal know-how and access to resources to tenaciously defend our clients against criminal charges. We may contact the prosecutor and explain the matter from the client’s perspective and urge that the charges be dropped. At trial we vigorously present our defenses. Any abusive conduct could be based on significant provocation. We have often defended clients from criminal charges and have gained many acquittals and dismissals.