In New Jersey, if you are "breaching the peace," then you may receive charges for disorderly conduct. Generally speaking, if you are being disruptive or using offensive speech in public, you may be charged with disorderly conduct. These charges may apply when your speech or behavior is upsetting, annoying or angering to other people who could be in the area.
At Clark & Clark, LLC, we have obtained numerous drooped charges and downgraded charges in New Jersey disorderly conduct cases. For a free review of your case, please call us at 732-303-7857 .
Disorderly Conduct Charges in New Jersey
Generally, disorderly conduct charges can be based on something you said or something you did. Here are some examples of actions that may be used to justify your arrest for disorderly conduct:
- Disturbing the peace
- Using offensive language in a public place
- Fighting at a sporting event
- Fighting in public
- Picketing at a funeral
A fight at a bar or a heated exchange with someone on the street are a couple of examples of situations that may lead to disorderly conduct charges. Police officers often use disorderly conduct charges when they have to respond to altercations on the street or complaints from neighbors.
Fighting Your Disorderly Conduct Charges
For a disorderly conduct charge to be legitimate, your physical behavior must have had the purpose of inconveniencing, alarming or annoying the public with fighting, violence or other behaviors that create hazardous conditions. If you are being charged based on speech, then your language must be shown to have been loud, abusive, coarse or offensive. It must have been uttered in public and with reckless disregard for other people's sensitivities.
Examples of public places where disorderly conduct arrests may take place include:
- On the street
- Bus stations
If convicted, you could face fines, mandatory counseling or hours of required community service. In the most extreme cases, jail time may be included in the penalties. As experienced criminal defense attorneys, we are often able to get charges dropped in these cases.
Our experienced criminal defense lawyers have often obtained dropped charges in disorderly conduct cases. The burden of proof on the prosecution in these cases involves showing that you acted with purpose to annoy, alarm or inconvenience the public. The prosecution also must show that the public was inconvenienced, alarmed or annoyed. Sometimes they have to show your conduct was threatening. We will look at these angles and all others in your case in order to build a proactive defense strategy to obtain the best possible result in your case.
If you are searching for an experienced, aggressive disorderly conduct lawyer in Newark, Jersey City or the surrounding areas, please call Clark & Clark, LLC, at 732-303-7857 for a free consultation.