Disorderly conduct, also referred to as "breach of the peace," is a broad offense in Florida that covers actions disrupting public order or causing disturbances. Though often charged as a misdemeanor, a conviction can carry significant consequences, including a permanent criminal record. Understanding what constitutes disorderly conduct, its penalties, and how an attorney can help defend your case is crucial if you are facing this charge.
What is Disorderly Conduct in Florida?
Disorderly conduct is defined under Florida Statute § 877.03 as acts that:
- Corrupt public morals,
- Outrage public decency,
- Affect the peace and quiet of persons who may witness them,
- Engage in brawling or fighting, or
- Cause a public disturbance.
While this definition is broad, disorderly conduct typically involves disruptive or violent behavior in public spaces. The law is intentionally vague, giving law enforcement broad discretion in arresting individuals they believe are disturbing the peace.
Examples of Disorderly Conduct
Disorderly conduct can encompass a variety of behaviors, many of which may seem minor. Some common examples include:
- Fighting or Brawling: Engaging in physical altercations, even if the fight doesn't result in serious injury. This could also be charged as a simple battery, and frequently is charged that way.
- Verbal Outbursts within the parameters of the statute. The Florida Supreme Court has limited the application of this statute to ensure it does not infringe upon constitutionally protected speech. Specifically, the statute applies to verbal conduct only if the words used are "fighting words" or are akin to falsely shouting "fire" in a crowded theater, which by their very utterance inflict injury or tend to incite an immediate breach of the peace.
- Loud, Disruptive Behavior: Playing music too loudly in a public area or engaging in other loud activities that interrupt public peace.
- Public nudity, such as topless sunbathing, which is considered to outrage the sense of public decency.
Penalties for Disorderly Conduct in Florida
Disorderly conduct is usually charged as a second-degree misdemeanor, but the penalties can still have serious repercussions.
Potential Consequences :
- Jail Time: maximum punishment of up to 60 days in jail.
- Fines: Defendants may face fines of up to $500.
- Permanent Criminal Record: A disorderly conduct conviction will remain on your criminal record, which can affect your employment opportunities, housing applications, and other areas of your life.
How an Attorney Can Help Defend Against Disorderly Conduct Charges
Even though disorderly conduct is a misdemeanor, being convicted can carry lasting consequences. A criminal defense attorney can provide invaluable help in reducing or eliminating the charges against you. Here’s how an attorney can assist:
Consequences Beyond Legal Penalties
A disorderly conduct conviction can affect various aspects of your life:
- Employment : Many employers conduct background checks, and a criminal conviction—even for a misdemeanor—can limit your job opportunities.
- Professional Licensing : If you hold a professional license (e.g., medical, legal, or real estate), a conviction could jeopardize your ability to keep or renew that license.
- Housing: Some landlords may deny rental applications based on a criminal record, making it difficult to secure housing.
- Education: College admissions or financial aid programs may be impacted by a criminal conviction, limiting your educational opportunities.
Contact Us for a Free Consultation
If you or a loved one are facing disorderly conduct charges in Florida, it’s important to understand your legal options. Our experienced criminal defense attorneys are here to guide you through the legal process and provide a strong defense against these charges. We will fight to protect your rights and work towards the best possible outcome for your case.
Call us today for a free consultation and let us help you navigate your legal situation.