What Is and Isn't Disorderly Conduct?

The world grows more turbulent every day, which means your chances of being charged with Disorderly Conduct grows too. The best way to protect yourself is to know what does and does not count as Disorderly Conduct. 

Fighting

While most everyone knows that fighting is considered Disorderly Conduct, you should also be aware that you could receive a more serious charge as well. Fights of any kind, even those that are minor or short, can be classified as Disorderly Conduct as well as Assault or Battery, depending on the circumstances.

Non-Disorderly Conduct

Horseplay and accidental contact (like bumping into someone) under most circumstances does not count as Disorderly Conduct. Of course, if you engage in horseplay, you should make sure that the situation doesn't appear violent or aggressive. If it does appear violent, you may find yourself in handcuffs, and you'll then need to prove the situation was peaceful.

Protests

The Constitution protects your freedom to assemble, but certain behaviors cross the line into Disorderly Conduct. Any violence on the part of any protester is enough for police to shut the protest down. Also, protests that inhibit city or building functions (such as if protestors stop traffic or stop people from entering a building) may be classified as disturbances of the peace.

Non-Disorderly Conduct

If you plan to protest peacefully, you should know exactly what your rights are beforehand. Protests are lawful on public property (e.g., parks and sidewalks) and private property with the owner's consent. If you are on public property, you have the right to photograph or video anything in plain view, including police conduct.

You are also allowed to march on the sidewalk or in the street as long as you don't block traffic. And the police are allowed to ask you to move for safety reasons.

Misconduct

Misconduct is another area of Disorderly Conduct that many are likely familiar with. Public misconduct includes acts like public intoxication or indecent exposure (e.g., urinating in public or public nudity). You may even face charges for misconduct if you shout expletives that disturb residents of a home or that may incite violence.

Though freedom of speech is a protected right, speech that is considered threatening in any way is a form of Disorderly Conduct. Bullying could also fall into this category.

Non-Disorderly Conduct

Some acts may be aggressive but allowed, such as obscene gestures like the middle finger. You also don’t break the law if you simply annoy or embarrass someone. Unless the act is willful or malicious, you likely have not engaged in public misconduct.

Disturbing the Peace

While many of the previously stated acts may also fall under disturbing the peace, this label mostly applies to noise complaints, especially in residential areas or at certain times of the night. Those who live in residential neighborhoods have the right to maintain peace and quiet.

So if you play loud music late at night, have a dog that barks loudly through the night, or engage in verbal fights that disrupt neighbors, they have a legal justification to call the police.

You can also disturb the peace if you knock loudly on hotel room doors or intentionally disturb sleeping guests.

Non-Disorderly Conduct

Many noises (like music and barking dogs) that are considered disorderly after a certain hour are acceptable during the day. Before your city's designated quiet hours, you can play loud music or shout as much as you want (as long as it follows the standards above) with no fear of Disorderly Conduct t charge.

Penalties

Depending on the circumstances of your Disorderly Conduct charge, you may face different penalties. The most severe punishment you will face in Wisconsin for a first-time single Disorderly Conduct charge is 90 days of jail time. However, this penalty could be worse if the charge is combined with other, more severe charges.

Many people who incur Disorderly Conduct charges face fines and probation. You can face a $1,000-dollar fine or probation for even a first-time charge.

Of course, if you face accusations of a second infraction or more, the penalties may be higher.

The best way to fight Disorderly Conduct charges is with the help of an experienced criminal defense attorney. At Cohen Law Offices, we have experience with misdemeanor charges of all kinds, and we can make sure your life isn't derailed by a small instance of poor judgment. Call us today to learn more about how our attorneys can help your case. We look forward to hearing from you. Call us at 715-514-5051.