Disorderly conduct occurs when a person knowingly and intentionally engages in offensive or disruptive behavior in a public place that disturbs the peace of others. It includes a wide range of actions, including using offensive gestures, vulgar language, or creating noxious odors. It can also be considered disorderly conduct if you fight in public, peep into another person’s home for lewd purposes, or discharge a firearm in a public space. In Texas, disorderly conduct is a serious offense, with penalties ranging from a court fine if charged as a Class C misdemeanor to jail time. Penalties can be more severe if a firearm is involved.
You need legal help if charged with disorderly conduct to avoid the severe consequences after a conviction. A competent attorney can negotiate for a plea deal or fight to have your charges reduced or dismissed.
Examples of Actions that Can Result in Charges for Disorderly Conduct
Penal Code § 42.01 of the Texas Law does not have a specific definition of disorderly conduct. Instead, it provides a wide range of behaviors that disrupt public space, which can result in criminal charges and possible penalties upon conviction. Here are some actions that, if you commit them knowingly and intentionally, can result in charges under PC 42.01:
- The use of offensive, abusive, or vulgar language in public, with the intent to disturb public peace
- Making offensive gestures in public to provoke violent reactions
- Creating noxious and unreasonable odors in a public space using chemicals
- Threatening or abusing a person in public
- Engaging in public fights or altercations with one or more people
- Making excess noise in public spaces, or in a residential place where you do not have the right to live
- Discharging or displaying a dangerous or deadly weapon, like a firearm, in a public space, except in a shooting range
- Displaying a dangerous weapon to alarm others
- Firing a gun across a public space or road
- Exposing yourself carelessly in public
- Entering another person’s home to look at how they live for lewd purposes
- Entering a hotel or a private area and peeping into a changing room, restroom, or a guest room
Additionally, different scenarios can result in a disorderly conduct charge. Some of these scenarios are daily occurrences in which the police get involved. They include the following:
- Altercations or fights in public gatherings and events, including concerts, festivals, and sporting events, where people of all walks of life meet for a common purpose
- Neighborhood or workplace disputes, including arguments between or among neighbors, can escalate into disturbances that disturb other people’s peace.
- Nightlife incidents or situations in or outside restaurants, bars, clubs, mainly involving people who are under the influence of alcohol. Most incidents like these attract the attention of the police and can result in an arrest and disorderly conduct charges.
- Political protests whereby demonstrators are accused of going beyond their rights to protected speech by making annoying utterances and engaging in disruptive or destructive behavior
- Traffic altercations by road rage drivers that quickly spill over to innocent road users
- Campus activities, like college events and parties, result in noise complaints and other distracting behavior in public areas.
It can be surprising to learn that some behavior you consider justifiable or minor can lead to criminal charges under PC 42.01. Understanding the definition of disorderly conduct can help you avoid actions that break the law.
The Elements of the Crime
The elements of an offense refer to the facts of a crime that a prosecutor must prove beyond a reasonable doubt to obtain a guilty verdict in a criminal case. They constitute the legal definition of a crime. Under PC 42.01, disorderly conduct has the following key requirements:
- A disturbing or offensive behavior
- A public space
- The intent to disturb public peace, or annoy other people
The prosecutor must demonstrate that you exhibited an action that was offensive or disturbing, like lewd conduct, criminal invasion of privacy, or making noise, fighting, or abusing a person. You must have exhibited this action in a public space where people are expected to be. Lastly, the prosecutor must demonstrate the intent to offend other people or disturb public peace.
If these elements are true in your case, the court will give a guilty verdict. However, the judge can dismiss your charges if the prosecutor cannot meet the burden of proof for all these elements.
Possible Penalties for Disorderly Conduct
Remember that disorderly conduct can be a minor or severe offense under Texas law, based on the details of the case and your criminal history. You can face severe penalties and other consequences of a criminal conviction if a court finds you guilty of your charges.
Most cases of disorderly conduct in Texas are charged as Class C misdemeanors. This is punishable by a fine of up to $500. However, a conviction can significantly affect some aspects of your life. For example, it will leave you with a criminal record, which can remain in your criminal background for years. A criminal record can affect your ability to find suitable employment, a good house to rent, favorable terms and conditions when obtaining a loan, or seeking insurance services.
The offense becomes a Class B misdemeanor if you display or discharge a firearm in public, causing an alarm or panic in public. This is punishable by 180 days in jail and up to $2000 in court fines. The court can send you to probation instead of jail time for one to three years. Although you will serve your sentence outside of jail if put on probation, the judge will set strict terms and conditions by which you must abide.
For example, you could be prohibited from criminal acts, visiting some public places, associating with some people, or entering and completing a treatment program for an underlying condition. Violating any of these conditions can result in severe consequences, for example, the judge can cancel probation and sentence you to jail for the maximum required period under the law.
A conviction for a Class B misdemeanor can also result in losing certain rights and privileges. You can lose your rights to purchase, use, or own a firearm.
Other Consequences of a Conviction for Disorderly Conduct
The criminal penalties of a conviction under PC 42.01 mainly include jail time and a court fine. However, a conviction can result in other consequences that will affect your life in many ways. These consequences include the following:
Negative Impact on Your Career
Employers are very selective when looking for someone to fill essential company positions. In most cases, they run background checks on potential employees before hiring. A conviction for disorderly conduct will appear when anyone runs a background check on you. This can influence a potential employer’s decision and affect how quickly and easily you find suitable employment.
However, you can expunge your criminal record after completing probation to minimize the negative consequences and disabilities of having a damaging criminal record. A competent criminal attorney can help you with the process and defense for a reasonable outcome.
Challenges Finding Suitable Housing
Landlords, too, conduct background checks when renting or leasing properties. You will likely face problems when looking to live in a suitable neighborhood because of a damaging criminal record. This leaves you with only a few options, which may not work with your preferences.
Expungement can help beat this challenge if your charges were dismissed or you received a deferred adjudication. Talk to your attorney about your eligibility for nondisclosure.
Challenges to Being Accepted in Colleges
Institutions of higher learning run background checks when admitting students for study. Applicants with criminal backgrounds can be denied an opportunity to join. If this happens to you, it can affect your quest to pursue your preferred career.
If you are already in college, you can face disciplinary action after a conviction for disorderly conduct. This can include being suspended for a particular period or for life. You could also be ineligible for some privileges, including financial aid to pay your tuition fee.
Challenges Obtaining a Professional License
Professional licensing boards, especially those that license medical professionals, are very particular about the acceptable conduct you must always exhibit. A criminal conviction, even for a misdemeanor like disorderly conduct, can affect your eligibility for a professional license. These boards run background checks on new applicants for professional licenses. They also take any allegation of professional misconduct seriously.
If you already hold a professional license, your licensing board can suspend or revoke it after your conviction, depending on how grave the matter is. You could also face challenges renewing your license after expiration or reinstating it after suspension.
Severe Immigration Consequences
If you are an immigrant living and working in Texas, a conviction for disorderly conduct can affect your immigration status. This is likely if you are a repeat offender, or used a firearm or violence to commit the crime. If your conviction carries immigration consequences, it can lead to deportation, being marked as inadmissible to the United States, or losing some privileges or benefits.
Loss of Some Rights and Privileges
Remember that you can lose some rights, like your right to purchase, use, or own a firearm, if convicted of a Class B misdemeanor for using a firearm to exhibit disorderly conduct. The ban on your gun rights can be for a few years or for life, depending on the federal law. This can affect your life if you are into gun collection for fun, or need one for hunting or target shooting sports.
How To Fight a Disorderly Conduct Charge
Facing charges for disorderly conduct does not necessarily make you a criminal. You must undergo a legal proceeding, from which a judge will determine the final verdict in your case. Additionally, the prosecutor must prove all elements in your case beyond a reasonable doubt for the judge to give a guilty verdict. Fortunately, you can present defense strategies to fight for a reasonable outcome in your case. You can do this with the help of a skilled criminal attorney. Here are some strategies that can result in a favorable resolution in your case:
Your Behavior or Utterances Are Protected Under the Constitution
Some public utterances, expressions, and behavior are constitutional, even if they annoy the public. With your attorney's help, you can determine if the U.S. Constitution's First Amendment protects your actions or words. If that is so, you can fight to have the court dismiss your charges. However, you must provide evidence to counter the prosecutor’s case to obtain a good outcome.
Because of such protections, courts now recognize that only a particular language or actions constitute disorderly conduct. For example, if your words or actions provoke fighting or chaos, you could be guilty of disorderly conduct. However, if you only used offensive language or profanity, your actions may be insufficient to justify a conviction under the law.
You Did Not Intend to Annoy or Offend Anyone
Remember that the legal definition of disorderly conduct includes knowingly engaging in conduct that offends or disturbs the public. The prosecutor must prove that your behavior was intentional and had a particular motive. If not, you can convince the judge to dismiss your charges.
If your behavior or words were not intentional or deliberate, your attorney can convince the court of your innocence to obtain a fair outcome. For example, your actions could have been accidental, or you did not know that doing or saying what you did could have disturbed the public. If you present a compelling defense, the judge can dismiss your charges.
You Did Not Actually Cause Public Disturbance
Disorderly conduct is not complete until you annoy or cause public disturbance by your actions or utterances. If this did not occur, you can fight against a conviction. Remember that the prosecutor must demonstrate beyond a reasonable doubt that you actually annoyed or disturbed the peace of members of the public. If no one was around where you allegedly exhibited the conduct, or a witness says they were not disturbed or annoyed by your behavior, the judge can dismiss your charges.
You Are Mistakenly Accused
Mistaken identities are prevalent when crimes are committed in the dark or in crowded public spaces. It can be difficult for witnesses, or even the police, to identify the actual perpetrator. You can be mistakenly identified as the perpetrator if you have the same physical features or were present where the crime allegedly occurred. The problem with mistaken identities is that they can result in a wrongful conviction. However, an aggressive attorney can fight with compelling evidence to convince the court to dismiss your charges.
Again, the prosecutor must prove beyond a reasonable doubt that you committed the alleged crime for the court to find you guilty. The judge will dismiss your case if you create a reasonable doubt, especially if the public space was crowded or dark, or if eyewitnesses were intoxicated.
Evidence Against You Is Insufficient to Lead to a Conviction
Criminal cases require the prosecutor to meet the burden of proof for a court to give a guilty verdict. They need compelling evidence to prove all elements of a crime beyond a reasonable doubt. The judge will dismiss your charges if this does not happen due to insufficient evidence.
Your attorney can create reasonable doubt in your case by pointing out the inconsistencies in the prosecutor’s case or questioning the integrity of eyewitnesses. For example, if a witness has lied in court before, an aggressive attorney can convince the court to disregard their testimony. If the alleged crime occurred in the dark, a skilled attorney can challenge inconsistencies or weaknesses in the police reports. If there are gaps in evidence collection, a competent attorney can point them out to create reasonable doubt.
Remember that judges and juries rely on evidence to determine criminal cases during a trial. If the prosecutor does not have enough evidence to prove all elements in your case, the judge will dismiss your charges.
Find a Skilled Criminal Attorney Near Me
Disorderly conduct is a common crime in Fort Worth. Although it is mainly a misdemeanor offense, it can have severe consequences. On top of the criminal penalties, which include a court fine, possible jail time, or probation, a conviction will leave you with a criminal record that can affect your career, social life, and ability to access critical services like housing and insurance. However, you can fight your charges for the best possible outcome.
At Andrew Deegan Criminal Attorney at Law, we believe in using the best defense strategies for our clients to obtain favorable outcomes in their cases. We can work with you to ensure you understand your charges, options, and the best defense to avoid a conviction and its consequences. We can also defend your rights and help you navigate all complex legal processes successfully. If we cannot bargain down your case to a less severe charge or penalty, we can use the right strategies during the trial to convince the judge to dismiss or reduce your charges. Call us at 817-689-7002 to learn more.
