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Disorderly Conduct Charges in Florida: Disturbing the Peace Penalties and Defense

Disorderly Conduct Charges in Florida: Disturbing the Peace Penalties and Defense

Disorderly conduct charges in Florida, also known as disturbing the peace or breach of peace, are some of the most common criminal offenses filed by police and prosecutors in the state. While the penalties for disorderly conduct seem minor on paper, a conviction can have consequences that last a lifetime.This article will cover the basics of disorderly conduct laws in Florida, typical penalties if convicted, and potential defenses to fight the charges.

What is Disorderly Conduct in Florida?

Florida’s disorderly conduct law is very broad–some would say intentionally vague–to give police leeway in charging unruly individuals. The legal definition under Florida statute 877.03 says disorderly conduct occurs when someone:

• Commits an act that corrupts public morals, outrages public decency, or affects the peace and quiet of persons who may witness them
• Engages in brawling or fighting
• Engages in conduct that constitutes a breach of the peace or disorderly conduct

As you can see, the definition gives police a lot of room for interpretation. Activities that could lead to disorderly conduct charges include:

• Yelling, screaming, or cursing in public
• Public intoxication or drunkenness
• Loitering
• Disrupting traffic
• Fighting or brawling
• Disobeying or arguing with police orders

College students and young adults tend to face disorderly conduct charges most often, usually related to alcohol consumption or loud parties. But anyone acting disruptively in public could potentially be arrested for disorderly conduct in Florida.

Penalties for Disorderly Conduct

A disorderly conduct conviction in Florida is a second-degree misdemeanor. Penalties include:

• Up to 60 days in jail
• Up to 6 months probation
• Up to $500 in fines
• Permanent criminal record

The judge has discretion in sentencing if you are convicted. Jail time is rare for first-time offenders, but fines and probation are common.Having a permanent criminal record can negatively impact your life in many ways, however. Disorderly conduct can make it harder to get jobs, rent apartments, obtain professional licenses, and more. It’s not a “minor” crime in terms of lifelong consequences.

Defenses Against Disorderly Conduct Charges

The good news is that disorderly conduct is a very defendable charge in Florida. By law, the prosecution must prove beyond a reasonable doubt that:

• Your actions breached the peace or affected public decency
• You engaged in fighting or brawling
• You disrupted the peace and quiet of others

Given the vague definition of disorderly conduct, a skilled criminal defense attorney can often get charges dismissed or reduced by challenging the sufficiency of evidence against you.Some common defenses include:

You Were Engaged in Constitutionally Protected Speech

The First Amendment protects your right to free speech, even unpopular or vulgar speech. Unless your speech directly incited violence or illegal acts, it likely cannot be the sole basis for a disorderly conduct charge under Florida law. Yelling profanity at a police officer, for example, may be protected speech in many instances.

Your Actions Did Not Actually “Corrupt Public Morals”

Arguing with police, being drunk in public, or causing a scene may be annoying to some, but it does not necessarily “corrupt morals” as required by the disorderly conduct statute. There is extensive case law limiting the definition through legal precedent.

You Did Not Initiate a Fight or Brawl

If you acted in self-defense and did not initiate any fighting or brawling, then disorderly conduct charges are improper according to Florida law.

The Arresting Officer Acted Inappropriately

Disorderly conduct arrests often come down to the word of the officer vs. the word of the defendant. If there is evidence the officer acted inappropriately, such as using excessive force during the arrest, it can help build a strong defense.

You Were Wrongfully Identified

Mistaken identity is another common defense in disorderly conduct cases. If you can show you were not the person who actually committed the alleged acts, you cannot be convicted.

Finding the Right Lawyer for Your Disorderly Conduct Case

Don’t leave your criminal defense to chance. An experienced Florida disorderly conduct attorney can thoroughly examine your case and build the strongest defense to have charges dismissed or reduced.Look for a lawyer who:

• Focuses specifically on criminal defense cases
• Has extensive experience defending disorderly conduct charges
• Is familiar with Florida courts, prosecutors, and judges
• Will aggressively defend your constitutional rights

Don’t let a false or inflated disorderly conduct charge ruin your future. Protect yourself by hiring the best legal representation right away.

Conclusion: Disorderly Conduct Doesn’t Have to Follow You Forever

While a disorderly conduct conviction can negatively impact your life for years to come, the charges themselves do not have to stick. With an experienced criminal defense lawyer arguing your case, many options exist to reduce or dismiss the charges against you.Don’t wait and hope the problem goes away–be proactive in protecting your rights and your future. Connect with a knowledgeable disorderly conduct attorney in Florida today for a free case evaluation.