New Port Richey Disorderly Conduct Attorney
Musca Law New Port Richey Disorderly Conduct
If you have been arrested for disorderly conduct, it is in your best interest to contact an experienced attorney who specializes in criminal law. Musca Law Firm has your best interest at heart and will protect your rights at every step of your legal proceedings. Our attorneys will provide you with the information that is essential to your case and will get started working on your case as soon as you contact our office.
Don’t hesitate to contact our New Port Richey office today at (727) 480-9675 to schedule a free, confidential initial case consultation with one of our experienced attorneys.
Disorderly Conduct Offenses in New Port Richey
Disorderly conduct offenses are defined as a criminal charge that is a “breach of the peace.” Florida state laws state that any act that corrupts public morals, affects the peace or quiet of other individuals, or violates the standards of public decency will be charged with this second-degree misdemeanor of Disorderly Conduct.
Some common types of acts that may be classified as disorderly conduct include:
- Public intoxication
- Public masturbation
- Public urination
- Obstructing traffic
- Unreasonable or loud noise
- Loitering in various areas
- Physical alterations or fighting
- Inciting a riot
- Public misconduct
- Violating noise ordinances
- Reckless behavior in a crowded area
- Abusive or obscene language
- Indecent exposure
- Disturbance of the peace
- Any act that outrages the public
- Disturbing an assembly
- Any activity that compromises public safety
Protesting may also be added to this list if it is not done peacefully. Individuals do have the right to protest, but when it becomes out of control with rage or blocks traffic, it will be considered a form of disorderly conduct.
Public nuisances can also be a form of disorderly conduct, as this often goes against the public’s morals. Examples of this might be improperly disposing of garbage, smoking in an elevator, store, or other public places, and more.
Another example of disorderly conduct is police encounters. While one does have the right to peacefully argue with a police officer, once it turns to threatening or physical contact, it will be considered as disorderly conduct.
New Port Richey Disorderly Conduct Laws
Disorderly conduct laws are put into place as there are various factors that can determine if the crime was disorderly conduct.
- The circumstances play a key role in determining if a disorderly conduct charge is given. An example of this is if a person is yelling at 2am in the middle of their street at the top of their lungs, it is considered disorderly conduct because he or she is disrupting the peace of others. However, if a person is yelling at 2pm on a week day using the same tone and volume of voice in an industrial area, that would not be considered disorderly conduct.
- Location is also a key in determining if disorderly conduct occurred. If the person is using obscene language in their home, which is a private residence, it is not considered disorderly conduct. However, if that same person was at the grocery store using the same profane language, it would be considered disorderly conduct.
- A third thing to think about is objectivity. If an individual is charged with disorderly conduct, it will be the prosecution’s job to show that a reasonable and sound person was alarmed by the actions of the person.
Verbal Abuse and Battery of a New Port Richey Law Enforcement Official
Any individual that verbally abuses or batters a law enforcement officer while performing disorderly conduct is committing a first-degree misdemeanor. Law enforcement officers are not merely cops, there are many that are considered under this category. These include the following:
- Law enforcement officers will include officers who work in law enforcement corrections, as well as probation officers and auxiliary officers.
- Any emergency medical care provider. This would include anyone who drives the ambulance or provides medical care to those in need on the ambulance such as a nurse or EMT. In certain circumstances, this could include doctors, volunteers at the hospital, hospital agents, and other hospital employees.
- Firefighters are also on this list, and will include anyone who puts out fires or rescues individuals during these emergencies.
- Any public transit employee is also protected under this category. This would include individuals that are trained to operate trains and buses, those that are authorized to collect revenue, members of the security team, and anyone trained to maintain the equipment.
Public Intoxication as an Act of Disorderly Conduct in New Port Richey
Public intoxication is an act of disorderly conduct. It is often referred to as disorderly intoxication. If this act was committed in a place that serves primarily alcohol, such as a nightclub or bar, a person can still be charged with this.
Committing an Act of Disorderly Conduct in New Port Richey
Per Florida Statutes, Chapter XLVI, § 877.03, any person who commits a breach of peace will be charged with disorderly conduct. This will include actions that corrupt the public’s morals. Those that have disrupted the peace of the public with brawls will also be charged with this second-degree misdemeanor.
Decision of a Credible Disorderly Conduct Case
Members of a court will need to prove without a reasonable doubt that the defendant:
- Committed an act that outraged the public and their morals.
- The defendant was involved in a fight or brawl that disturbed public members.
- The defendant outraged members of society with their acts.
- The defendant disrupted the peace and quiet of the public with the act they committed.
Decision of a Credible Disorderly Conduct Case on the Grounds of Intoxication
If you have been charged with disorderly intoxication, the state must prove:
- You were intoxicated, and
- You endangered another person’s safety or another property’s safe
- You drank alcohol in a public place or public conveyance and were intoxicated, and
- You caused a public disturbance
Understanding the Definitions for Disorderly Intoxication
Disorderly intoxication is defined as an individual that is intoxicated and endangers the safety of another person or property. No persons in the state of Florida shall be intoxicated or drink any alcoholic beverages in a public place or in a public conveyance and cause a public disturbance or outburst.
Intoxicated is defined as using an alcoholic drink or drug that causes someone to lose control of their behavior.
Public places or public conveyances is defined as an indoor or outdoor area that can be publicly or privately owned that allowed the public to have access to it by invitation or right. It could be expressed or implied.
You will not be convicted of disorderly intoxication if you are at your own home, in a private residence, or at someone else’s home.
Defenses Used in a Disorderly Conduct Cases on the Grounds of “Self-Defense”
In order to use a defense of “self-defense” for a disorderly conduct case, the defendant will need to provide essential evidence. This defense cannot be used if the defendant provoked the fight. If the defendant can provide that essential evidence, the state will need to prove that actions were not taken in self-defense beyond a reasonable doubt in order to secure a finding of guilt for the defendant.
To learn more about self-defense as a defense in disorderly conduct cases please view the following case:
- Self-defense: S.D.G. v. State, 919 So. 2d 704, 705 (Florida 5th DCA 2006)
We all have a right to freedom of speech. However, any speech that is used must be legal. If a person is being boisterous, obscene, or profane, their freedom of speech is not protected.
Penalties for a Violation of an Act of Disorderly Conduct in New Port Richey
An act of disorderly conduct will result in being charged with a misdemeanor of the second degree. One could spend up to 60 days in jail for this, along with a fine of $5,00. Probation may also be given for disorderly conduct, which would entail 6 months.
Most first-time offenders will be given less than 60 days of jail time. Community service is often given as a penalty to these offenders. However, those that have been charged with battery of law enforcement will pay a fine of $10,000.
The biggest penalty that many will face is having a criminal record. Having a criminal record could haunt a person for the rest of their life. When filling out an application for a job, you will need to check the box when it asks about criminal offenses. Many employers are inclined not to hire someone that has a criminal background. It is best to be honest about the crime you have committed because if you are found to be lying about the crime you committed, you could lose your job. And if you lose it for lying, you will most likely not be able to collect unemployment or welfare.
And when you are looking for housing, a criminal record could also pose a threat. Many landlords will not waste their time with someone that has been convicted of any crime.
If you are looking into financial aid for college, you can most likely kiss that opportunity goodbye if you carry a criminal record. There is a great possibility that you will not be able to receive any loans or grants due to your past criminal record.
If you are an immigrant, criminal charges could lead to your deportation. Even if you possess a green card, the United States can revoke this due to such charges.
If you like to travel, having a criminal record could make it very hard to obtain a visa. Many countries ask up front if you have ever been convicted of a crime. Before doing any travel, it is best to look into this first if you do have any criminal offenses.
Criminal records could also prevent you from obtaining a professional license. Many professions, such as attorneys, doctors, nurses, and others make it hard to have a professional license when you have been convicted of a crime.
Resources for Disorderly Conduct Cases in New Port Richey and the State of Florida
There are many resources for disorderly conduct. An individual may wish to learn more in order to fully understand exactly what their disorderly conduct charges and case entail.
If you are interested in learning more about disorderly conduct, please look at Florida Statutes, Chapter XLVI, § 877.03.
Those that are interested in learning about public intoxication/disorderly intoxication should review Florida Statutes, Chapter XLVI, §856.011.
If you would like more information about fines that have been set by the state of Florida, consider reading Florida Statutes, Chapter XLVI, §775.083.
If you are interested in reviewing the Constitution of the State of Florida, you will find what your rights are as a citizen of New Port Richey. You will also find information here about defending your rights involving both disorderly conduct and disorderly intoxication.
Representation from New Port Richey Disorderly Conduct Attorneys
Disorderly conduct charges might not always be valid. This is because while the arresting officer may find it a disorderly charge in his own personal opinion, it may only be objectively reflective of that. The courts might find it an invalid charge. Never assume guilt if this happens to you. It is imperative that you receive representation from a New Port Richey Disorderly Conduct Attorney. Our lawyers at Musca Law can fight for your rights with a defense that is strong and strategic. We will help you avoid the conviction and negotiate with the prosecution to find a favorable outcome for you. Our law firm has extensive knowledge fighting disorderly conduct cases. We will review your case and determine if any of your rights were violated. Our firm can help you avoid costly consequences and provide you with your best chance at a future not marked by a permanent criminal record. If there was a violation, we will work on having your case acquitted on your behalf. Please call our firm today at (727) 480-9675 to set up a free confidential consultation with one of our experienced attorneys.