Disorderly Conduct, Disturbing the Peace and Similar Charges in Florida
Disorderly conduct, disturbing the peace, breach of peace – these types of charges refer to causing a public disturbance or behaving in a way that could corrupt public morals or outrage public sensibilities. In Florida, disorderly conduct and similar charges are usually classified as second degree misdemeanors, which can carry penalties like up to 60 days in jail or 6 months probation.
What Does Florida Law Say About Disorderly Conduct?
Florida statute 877.03 defines disorderly conduct like this:
“Whoever commits such acts as are of a nature to corrupt the public morals, or outrage the sense of public decency, or affect the peace and quiet of persons who may witness them, or engages in brawling or fighting, or engages in such conduct as to constitute a breach of the peace or disorderly conduct, shall be guilty of a misdemeanor of the second degree.”
So basically, any act that could be seen as corrupting public morals, going against public decency, disturbing the peace, fighting, or general disorderly behavior may be charged as disorderly conduct under Florida law.
Some examples could include things like public intoxication, using profanity in public, making unreasonable noise, obstructing traffic, starting arguments or fights, etc.
What Type of Behavior Could Lead to These Charges?
There’s actually a wide range of behavior that could potentially result in disorderly conduct or breach of peace charges in Florida. Here are some common examples:
- Public intoxication – Being drunk and disorderly in public.
- Using profanity – Cursing, shouting obscenities, or making offensive gestures in public.
- Unreasonable noise – Playing loud music, honking car horns excessively, or making noise late at night.
- Obstructing traffic – Impeding the normal flow of traffic, blocking roads or sidewalks.
- Fighting – Getting into a physical altercation or brawl in public.
- Starting arguments – Yelling at or threatening others in public.
- Indecent exposure – Exposing oneself indecently in public.
- Loitering – Remaining in a public place with no reason for being there.
- Prowling – Roaming through private property without permission.
- Vandalism – Damaging or defacing public or private property.
- Harassment – Following, threatening, or verbally abusing someone in public.
- Panhandling – Begging for money aggressively or blocking sidewalks.
So basically, any type of disruptive, dangerous, or indecent behavior in public could potentially lead to disorderly conduct charges. Even if your intentions weren’t bad, poor judgment in public could be seen as violating decency standards.
How Do Police and Prosecutors Determine Disorderly Conduct?
Police officers have a lot of discretion in deciding when to make disorderly conduct arrests. There is no firm line between protected free speech and illegal disorderly conduct.
According to defense lawyers, police sometimes misinterpret protected speech as disorderly conduct. Factors police may consider are:
- Language – Profanity, insults, threats, or obscenities could be seen as disorderly.
- Noise Level – Yelling, screaming, loud music or noises could be considered disruptive to others.
- Crowd Reaction – Behavior that seems to incite or disturb a crowd may be deemed disorderly conduct.
- Safety Risk – Actions that seem dangerous or pose a public safety risk.
- Indecency – Indecent exposure, lewdness, or vulgarity in public.
- Intent – Was the aim to cause a disturbance or provoke others?
- Location – Behavior that wouldn’t raise eyebrows in some places may be unacceptable in others.
Prosecutors then have to determine if the charges are worth pursuing based on the evidence and whether a conviction seems likely.
When Does Free Speech Become Disorderly Conduct?
The U.S. Constitution protects freedom of speech, so where do you draw the line between free speech and disorderly conduct?
According to Florida criminal defense lawyers, these principles generally apply:
- Using profanity, criticism, insults, or offensive language directed at police officers is protected speech on its own and doesn’t constitute disorderly conduct.
- However, those words combined with aggressive or threatening actions could cross the line to disorderly conduct.
- Speech that incites danger or public panic may not be protected.
- The Supreme Court has ruled that offensive public speech is protected unless it’s likely to incite “imminent lawless action.”
- Speech can become unprotected when combined with non-verbal acts like bumping into someone, throwing objects, blocking traffic, etc.
So in Florida, the key issues seem to be whether the speech threatens public safety in a direct and immediate way, or is coupled with disruptive physical actions.
What Are Some Common Defenses Against These Charges?
There are a few legal defenses that can be used fight disorderly conduct and breach of peace charges:
- Free speech – Argue your actions were protected free speech under the First Amendment.
- Misidentification – Claim you weren’t the person who engaged in the alleged conduct.
- No unlawful intent – You didn’t have any intent to break the law or cause a disturbance.
- Self-defense – Your actions were legally justified self-defense.
- False accusations – The allegations against you are exaggerated or blatantly false.
- Mistake of fact – Argue you made a reasonable mistake of fact that led to the actions.
- Medical conditions – Mental illness, developmental issues, dementia contributed to the behavior.
An experienced criminal defense attorney can evaluate the details of your case and build the strongest defense strategy.
What Are the Penalties for Disorderly Conduct in Florida?
As mentioned earlier, disorderly conduct and breach of peace charges are usually second degree misdemeanors under Florida statute 877.03. The potential penalties include:
- Up to 60 days in county jail.
- Fines up to $500.
- Probation up to 6 months.
- Anger management or other court-ordered classes.
- Community service hours.
Penalties tend to escalate for repeat offenders, and may include increased fines, jail time, and probation. Felony disorderly conduct charges are possible for more serious cases.
How Can a Disorderly Conduct Conviction Affect You?
Disorderly conduct may seem like a minor charge, but a conviction can still impact your life in various ways:
- Criminal record – It will appear on background checks for jobs, housing, loans etc.
- Immigration issues – Can be grounds for deportation or visa denial for non-citizens.
- Gun ownership – May prohibit you from purchasing or owning firearms.
- Professional licenses – Could make it difficult to obtain or renew state licenses.
- Child custody – Looks bad in child custody disputes.
- School admission – May complicate admission to colleges, grad schools, professional programs.
- Employment – Employers may decline to hire you if they see the charge on your record.
So it’s important to fight the charges and avoid conviction if possible. An attorney can help mitigate the penalties and consequences.
When Should You Contact a Defense Lawyer?
Here are some tips on handling disorderly conduct and related charges:
- If police want to question you, respectfully decline to answer questions or make statements until you can speak to a lawyer.
- Hire a criminal defense attorney as early in the process as possible – before your first court appearance if you can.
- Don’t try to handle these cases without professional legal help. An experienced local lawyer knows how to get charges reduced or dismissed.
- Be completely honest with your attorney so they can build the best defense. Bring them any evidence you have.
- Follow your lawyer’s advice about whether to fight the charges at trial versus trying to plea bargain.
- If convicted, your attorney may be able to get the charges sealed or expunged later so they no longer appear on background checks.
Disorderly conduct charges should always be taken seriously. The consequences of a conviction can follow you. So don’t hesitate to contact a criminal defense lawyer for help fighting the charges.