Disorderly conduct is charged as a misdemeanor, and the court often treats first offenders leniently. You should not take that chance, though, because any criminal conviction follows you down unintended paths.
You could spend up to a year in jail, pay up to $2,500 in fines, and complete community service or drug and alcohol counseling. You could be banned from the public area where the conduct occurred, struggle to find housing, endanger scholarships, and damage your reputation. Before you speak to law enforcement about what happened, speak to a Chesapeake disorderly conduct lawyer. The defense attorneys at Parks Zeigler, PLLC, are ready to protect your future.
What is Disorderly Conduct?
Disorderly conduct is discussed in Code of Virginia § 18.2-415. It is an umbrella term for bad behavior in public, generally making a nuisance, and disturbing the peace. It can involve acting violently toward someone else, such as picking a fight, purposely disrupting a peaceful gathering, like a funeral or school board meeting, and getting drunk or high and disrupting a school setting in a violent way, such as setting off a stink bomb in the ventilation system, causing an evacuation.
Public places are anywhere people can legally go, not just government property. Disorderly conduct can occur on roads, in apartment buildings, restaurants, retail stores, or private venues rented for a large party. A lawyer in Chesapeake understands the definition and elements of disorderly conduct laws and can use that in a strong defense.
What To Do After a Disorderly Conduct Arrest
After an arrest, a person will be arraigned, and the judge will advise you about:
- The charges filed
- The penalties
- Ask whether you plan to or have hired a lawyer
- When your next court date is
The next court date when a person pleads not guilty is the trial, where their defense attorney and the prosecutor discuss issues with the judge. A disorderly conduct attorney in Chesapeake can work with the courts and prosecutor to negotiate a deferred adjudication, which gives a person time to complete any alternative punishment, such as community service or drug and alcohol counseling. The prosecution has been known to drop charges against defendants completing these orders.
Defenses to Disorderly Conduct Charges
A disorderly conduct charge is not a conviction. Everyone has the right to a competent defense to refute what the prosecutor says, and the prosecutor must prove the charges beyond a reasonable doubt, meaning the judge could not possibly reach any other conclusion except that the person accused did it.
Many defenses are available to disorderly conduct charges. A person must purposely disturb the peace in meetings and schools, but when they are taking medication for a mental condition, they may not have formed the intent to commit the crime. A person also may not have formed intent when they did not know your actions would cause a disturbance. When a person is accused of picking a fight, a disorderly conduct lawyer in Chesapeake can show another was the aggressor and the accused was engaging in self-defense. The police sometimes violate constitutional protections by failing to inform a person of their Miranda rights or illegally searching. Other eyewitnesses could contradict the prosecutor’s testimony, and when the disturbance was not in public, the prosecutor’s case will fail.
A Chesapeake Disorderly Conduct Attorney Fights to Exonerate
Misdemeanors like disorderly conduct are an entrance into the complex and confusing criminal justice system. You must follow the judge’s orders exactly, or you can be found in contempt or behind bars.
Our experienced attorneys understand how the system works, how to negotiate with the prosecution, and how to build a credible defense that refutes your guilt beyond a reasonable doubt. Do not leave your future at risk because you do not believe these charges are serious. A Chesapeake disorderly conduct lawyer could fight to exonerate you. Contact us to discuss your case.
