Disorderly Conduct Lawyers in Boca Raton, Florida
Defend Your Disorderly Conduct Case in Court with the Help of Musca Law
Throughout the state of Florida, crimes classified as disorderly conduct, also frequently known as a breach of peace, could result in sentences of as long as 60 days in county jail, six months of supervised probation, a fine of as much as $500, and a criminal record. If you or someone in your family has been charged with a breach of the peace or disorderly conduct crime, reach out to a Boca Raton disorderly conduct criminal attorney right away. A reputable Florida criminal attorney will be able to explain the charges that have been brought against you and decide which legal defenses will best work in your specific circumstances.
General Disorderly Conduct Crimes
As stated in Florida law, Section 877.03, disorderly conduct applies to deeds “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…” This definition of the term clearly casts a very wide net, it basically relates to demonstrating, fighting, or joining in any disruptive actions that might negatively impact the peace and quiet of another person.
Crimes of disorderly conduct are usually categorized as a second-degree misdemeanor which carries a potential penalty of as long as 60 days in county jail or six months of supervised probation and a fine of as much as $500. Any offender with a previously clean record might be permitted to have their charges dropped or decreased to simple community service. This is the precise point in the process that a Boca Raton criminal defense attorney will become an invaluable asset since they will have the necessary knowledge regarding how individual judges and prosecutors in the Boca Raton area handle breach of peace and disorderly conduct crimes.
Defending a Charge for Breach of Peace
Florida law acknowledges many defenses for a disorderly conduct charge including but not limited to the following:
- Participating in protected speech. This applies to wholly verbal communication that is defended by the United States Constitution’s First Amendment
- Merely using swear words, obscenities, or profanity directed at law enforcement officials. This most commonly comes into play during a protest or demonstration
- Simply behaving in an annoying, belligerent, or loud manner is typically not sufficient to support any charges of disorderly conduct
- Causing a crowd to assemble or causing a scene. In the absence of additional charges or escalating the situation to the degree of inciting violence, these charges are usually not sufficient to support any charges of disorderly conduct
- Acting out of self-defense. This defense may be applicable in the event that a person was merely defending themselves, generally associated with public brawls
The overall idea is that any breach of the peace or disorderly conduct charges have to involve something greater than just actions or word which did not even encourage violence. The state, however, has a habit of reading a lot more into a person’s actions than they ever meant or that ever took place. This is why having Boca Raton criminal defense attorney will be the most effective tool in your arsenal when it comes to defending yourself against these or similar charges in the state of Florida.
Guidance from a Reputable Attorney
If you or someone that you love has been charged with a breach of the peace or a disorderly conduct crime here in Florida, please get in touch with a Boca Raton disorderly conduct attorney so that they can examine the charges that have been brought against you, ascertain the likelihood of having these charges thrown out or reduced on your behalf, and also decide whether or not a legal defense might be applicable under your circumstances and if so, which one. Even though the majority of Florida breach of the peace or disorderly conduct crimes are categorized as a misdemeanor, they could still be enough to leave you with a criminal record which will have a negative impact on not only your good reputation but will also influence what access you have towards any future jobs, education, housing opportunities, and more. Your future is all that you have, so do not allow a charge of disorderly conduct to permanently ruin it.
Juvenile offenders, juvenile delinquents, delinquent minors, or youthful offenders are the principle phrases that refer to anyone who is under 18 years of age and engages in the perpetration of any kind of criminal activity. Procedures for juveniles vary from state to state and the ins and outs can become quite complex. It is a regular part of youth that you will make mistakes the entire time that you are growing up. That is because you are learning as you go. As you mature, you will learn the difference between wrong and right as well as what the rules, morals, and laws of society are. Youthful stupidity and misunderstandings oftentimes cause children to wander down the wrong path where they will eventually make errors in judgment, and the law is already designed to address the fact that adults and kids are intrinsically different from one another and it is only right that they are treated respectively when criminal procedures are thrown into the situation.
When someone who is legally an adult is prosecuted and has to deal with the punishments for crimes that they have been found guilty of, the idea behind the sentence that they receive is to negatively reinforce unlawful actions and to deter the commission of any subsequent crimes, and to set an example for other people who may be considering doing the same. The stress in adult court is fixed on deterrence and punishment based on the fact that adult criminals have been around long enough to know right from wrong. For minors, the same expectations do not come into play and so their cases are handled differently when criminal proceedings are involved. The punishments that are given to minors are designed to be focused on education and rehabilitation so that these youthful offenders do not turn into adult offenders and live a life of crime.
Minors who are found guilty of any kind of criminal activity are more likely to commit these and other criminal offenses regularly during their adult life as opposed to minors who are never found guilty of any crime. Hinging on the severity of the crime, juvenile sentencing is generally less harsh than sentencing that is given to adults. Juveniles are usually provided chances to be redirected away from the justice system towards something positive and their criminal records are often sealed to stop these kids from being known as criminals and, by extension, lessening their probability of committing additional crimes.
Juvenile Disorderly Conduct
There are very few criminal charges that are not quite clear in their explanations as to precisely which criminal act has supposedly been perpetrated. Driving under the influence, possession of cocaine and homicide are all perfectly straightforward crimes that each has a very particular definition. On the other side of that same coin, there are also crimes such as disturbing the peace, assault, or disorderly conduct. These charges are very unclear in that they suggest a broad range of possible events leading up to and resulting in the charge. According to the law under Florida Statute 877.03, disorderly conduct is considered to have taken place whenever a person “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.”
Particularly in cases that involve juveniles, law enforcement officers generally charge disobedient people from any number of situations with breach of the peace or with disorderly conduct even in the event that no definite crime has taken place. Juveniles are uniquely susceptible to being charged with breach of the peace or disorderly conduct due to the fact that the majority of schools in the state of Florida have law enforcement officers present on the school grounds all the time. At each school, there is always that select group of a few children show blatant irreverence towards authority figures. These circumstances can quickly intensify and even in cases in which no criminal acts have technically been perpetrated, a child could wind up with a charge for disorderly conduct just because they challenged the power of a police officer.
Breach of the peace is classified as a misdemeanor crime of the second degree, and is punishable by as long as 60 days in county jail, a fine as much as $500.00 and as long as six months of supervised probation. A charge of disorderly conduct is comparatively defendable because of the wide scope and vagueness of the charge. A sentence is unable to be upheld where the defendant simply caused a nuisance in a public area with only their words just as long as there were no fighting words or words of a threatening nature used. The United States Constitution’s First Amendment defends free speech albeit with certain exemptions to genuine threats or cases like shouting ‘fire’ inside a crowded movie theater. This is due to the fact that these words have a reasonable expectation of causing panic and fear in rational people.
Charges of disorderly conduct typically include situations in which a person speaks rudely, uses swear words or shouts vulgarities at police officers. Law enforcement officers are not granted any form of protection from free speech as stated clearly in the First Amendment. The amendment intends for every American to hold the right to say anything they wish to agents of our government. This includes law enforcement officers, as long as the purpose of their words is not intimidating or threatening. For instance, a juvenile could lawfully state “I hate police officers” directly to a police officer and be absolutely within their rights. They may not, however, rightfully say “I am going to kill you” to that same police officer. The second statement would easily end, at the very least, in a charge for disorderly conduct, and possibly even a charge for aggravated assault.
The Florida disorderly conduct criminal defense attorneys here at Musca Law understand that kids act out on certain occasions and that they ultimately won’t mature until they are able to learn from their mistakes. Campus police officers and school administrators will both strive to make an example out of disobedient students as a way to maintain their power and influence. Unfortunately, this means that students can easily wind up with a charge for disorderly conduct. Do not allow your kid’s permanent record to be darkened with a criminal charge when they were actually behaving well within their constitutional rights. Musca Law has a solid reputation for advocating for the rights of every single one of our clients. Nobody’s constitutional liberties must ever be disregarded or neglected when undergoing a trial in criminal court, and our disorderly conduct attorneys are going to make certain that it will not happen. Do not leave your kid’s future up to a prosecutor and a judge. Call our Boca Raton law office at (561) 299-4931 as soon as possible to schedule your free initial case consultation with one of our highly-qualified criminal defense attorneys.