Have you received a Florida disorderly conduct accusation? A lot of folks in the Sunshine State deal with this allegation. However, being aware of the details of this charge will help you manage the consequences.
This article will discuss disorderly behavior and how it is defined by Florida law. We will also discuss the strategies your attorney might employ to get an acquittal or the dropping of charges.
Disorderly Conduct: What Is It?
Any activity linked to upsetting a communal public area is considered disorderly conduct. Crimes involving unruly behavior comprise the following:
- Generating an unusually loud noise
- Intoxicated and erratic conduct
- Street fighting
We will be examining the definition of disorderly conduct as it pertains to Florida law, although the exact meaning and penalties for it vary depending on the state in which the offense occurs.
What Does Florida Law Define as Disorderly Conduct?
Florida law defines disorderly conduct as “breach of the peace” in 2021 Florida Statutes, specifically in Title XLVI, “Crimes,” Chapter 877, “Miscellaneous Crimes,” Section 877.03.
Anything that fits any of the following definitions is considered disorderly conduct or a breach of peace:
- Activities that “may be damaging to the public’s reputation”
- “Outrageous acts against public decorum”
- Behavior that “affects the peace of individuals who may observe it”
- Anyone who participates in “fighting or brawling”
- Anybody who participates in “anything that would be considered a disturbance or disruptive behavior”
You should still speak with a lawyer with experience in these types of situations, even if you have a basic understanding of what constitutes disorderly conduct in the state of Florida. They will be able to discuss the specifics of your case and how the law will interpret them.
What Penalties Are Applicable to Individuals Found to Have Reckless Behavior?
The state of Florida considers disorderly conduct to be a second-degree misdemeanor. Comparing second-degree misdemeanors to first-degree misdemeanors, the former is a less serious criminal offense. Section 775.082 of the Florida Statutes for 2021 imposes penalties for misdemeanors of the second degree. A “certain term of imprisonment not exceeding 60 days” is the punishment for such a misdemeanor, according to the law.
This indicates that the most jail term you may receive would be two months. The court may, however, decrease the sentence if it determines that your allegations are not as serious. If you’re wondering if you could get the maximum 60 days or if your case could result in less charges, a Florida disorderly conduct attorney can assist you.
How to get a disorderly conduct charge dropped: Why Could Charges Associated with Disorderly Conduct Be Dropped?
The accusations of disorderly behavior against you may be dropped in some circumstances, but this is not a given. An experienced attorney is more likely to successfully drop charges due to their expertise in handling your unique situation.
The prosecution may drop charges if there is proof that you were not planning to commit a crime and you bear some of the responsibility for what you did. As an illustration:
- You’re a young person.
- Legal proof of a mental disability is available.
- You were behaving under pressure.
- There is a compelling case for the inadequacy of intent.
How to get a disorderly conduct charge dropped: What Are Typical Excuses for Unruly Behavior?
A skilled lawyer will be aware of a few common defenses against disruptive conduct. A good disorderly conduct lawyer in Florida will include relevant defenses in your case. You will frequently receive a less severe sentence, even if this does not prevent your conviction. Among these typical defenses are:
- Freedom of speech: Should you find yourself facing charges for yelling or creating loud noises, you may argue that your right to free speech allowed you to express yourself.
- Nothing derogatory is said: Even though other people might have heard you, you could argue that you didn’t say anything offensive that would “outrage the sense of public decency.”
- Freedom to follow one’s religion or faith without hindrance: You may contend that what you do in public is an expression of your faith, and that’s something you’re free to do.
- Right to a peaceful, authorized assembly: Legally, individuals can be legally assembled into a group or organization to achieve a specific goal.
But without a strong legal team to support your defenses, we do not advise going to court.
FAQs on how to get a disorderly conduct charge dropped:
How can one get past a disorderly conduct charge in Pennsylvania?
Demonstrating that the supposed crime did not take place in a public setting.
Proving the accused had a justifiable motive for their conduct.
Proving that one or more witnesses gave the accused the wrong identity.
Demonstrating that the accused were defending themselves.
In Michigan, how can you get past a disorderly conduct charge?
Based on your actions, there are multiple defenses to the allegation. If you and the other person got into a dispute, you can claim in court that what you did was necessary to keep them safe. To support your argument, you might summon witnesses to testify in court.
In Florida, how can one defend against a disorderly conduct charge?
An individual will not face charges for disorderly conduct if they can present strong proof that they were the victim of an attack rather than the perpetrator. For sources regarding self-defense actions classified as disruptive behavior, look to the following cases: Defense of self: S.D.G.
Does Florida have an exception for misdemeanor disorderly conduct?
Florida charges disorderly conduct and breach of peace as second-degree misdemeanors, with potential penalties including probation, imprisonment, and a $500 fine.