Penalties and Fines for Disorderly Persons Offense
Contents
Penalties and Fines for Disorderly Persons Offense
Disorderly persons offenses are considered minor criminal offenses in many states. While less serious than misdemeanors or felonies, they can still carry penalties like fines or jail time. Understanding the potential consequences can help if you face charges. This article will cover common penalties and fines for disorderly conduct in different states.
What is Disorderly Conduct?
Disorderly conduct is a broad term that covers various minor offenses that involve creating some kind of public disturbance. The exact definition varies by state, but some common examples include:
- Public intoxication
- Excessive noise
- Using offensive language in public
- Fighting or threatening behavior
- Obstructing vehicle or pedestrian traffic
- Loitering in a public place
- Disturbing lawful gatherings like funerals or religious services
Police often use disorderly conduct charges as a catch-all for disruptive behaviors. The circumstances matter too – the same actions may be disorderly at night but not during the day, or in a residential area versus an industrial zone.
Disorderly Conduct Penalties
Since disorderly conduct covers a wide range of offenses, penalties can vary quite a bit. They often depend on things like:
- The state or municipality where the offense occurred
- Whether it’s a first offense or repeat offense
- The severity of the conduct
- Damage caused
Some common penalties for disorderly conduct include:
Fines
Fines can range from as little as $25 up to $1000 or more. Many states and cities set maximum fine amounts in statute. For example, in New York the maximum fine for disorderly conduct is $250.
Fines are commonly used, especially for first-time offenders. Courts may impose a fine instead of jail time or probation. But fines can also be combined with other penalties.
Probation
Probation sentences of several months are common for disorderly conduct. Violating probation by committing another offense can lead to more severe consequences.
Jail Time
Potential jail time is usually short, from a few days up to a year in jail. Many convictions don’t involve actual jail time. But courts may impose suspended sentences or “time served.” For repeat offenders or more serious cases, sentences of weeks or months are possible.
Restitution
If property damage resulted, courts may order restitution payments to compensate victims.
Community Service
Community service may be ordered as an alternative to fines or jail time.
State-Specific Penalties
Penalties for the same disorderly conduct behaviors can look very different across states. Here are some examples of potential penalties in different states:
California
- Up to 90 days in county jail
- Fines up to $400
- Probation
Florida
- Up to 60 days in jail
- Up to $500 fine
- Probation up to 1 year
New York
- Up to 15 days in jail
- Fines up to $250
- Community service
Texas
- Fines up to $500
- Jail time up to 180 days
Wisconsin
- Fines up to $1,000
- County jail up to 90 days
As you can see, even for similar conduct, potential jail time and fines can vary a lot depending on the state. It’s important to understand the specific penalties you could face.
Defending Against Charges
The penalties make it important to contest disorderly conduct charges if you believe you were wrongly accused or charges are excessive. A criminal defense lawyer can help argue your case and seek the best resolution under the circumstances.
For example, they may argue you didn’t have the required criminal intent or that the circumstances didn’t warrant charges. It may be possible to get charges reduced or dismissed through plea negotiations. Or in trial, the defense can argue the prosecution hasn’t proved the case beyond a reasonable doubt.
Juvenile Penalties
Juveniles charged as minors can face fines, probation, community service and other consequences. But jail time is less likely, especially for first-time offenses. Much depends on the judge’s discretion.
Diversion programs are common, allowing charges to be dropped if the minor completes classes, community service, counseling or other conditions. Sealed records can help avoid long-term impacts.
Federal Disorderly Conduct
In limited circumstances, disorderly conduct can be charged as a federal misdemeanor. This most often applies to conduct at airports or on commercial aircraft. Potential penalties include:
- Up to 6 months in prison
- Up to $5,000 in fines
- Probation up to 5 years
Conclusion
Like any criminal charge, disorderly conduct penalties should not be taken lightly. The consequences can damage finances, reputation, job prospects and quality of life. Understanding the potential penalties based on state law and seeking experienced legal help can make all the difference in resolving charges favorably.