Disorderly conduct, also known as “breach of peace” or “disturbing the peace,” is a sometimes vague and subjective offense, often left up to interpretation. Laws banning disorderly conduct are typically designed to allow the police to arrest people whose behavior offends or disrupts those enjoying a public space.
If you or someone you know has been arrested for disorderly conduct in Florida, obtain the help of a criminal defense attorney right away. Criminal Defense Attorney Brian Gabriel has over 30 years of experience representing those accused of crimes. When you work with The Law Office of Gabriel & Gabriel, Mr. Gabriel will create a defense strategy by putting all the knowledge and skill developed over the span of his career to use.
What You Should Know About Disorderly Conduct Laws in Florida
Florida Statute 877.03 defines disorderly conduct as a breach of peace and states:
“Whoever 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…”
Breach of the peace and disorderly conduct is classified in Florida as any of the following:
- Acts that affect the peace and quiet of persons who may witness them
- Acts that disgrace the sense of public decency
- Acts that are of a nature to corrupt public morals
- Engaging in brawling or fighting
- Engaging in such conduct as to constitute a breach of the peace or disorderly conduct
Examples of acts that could get you arrested for disorderly conduct in Florida include:
- Making excessively loud noise
- Drunk and disorderly behavior
- Fighting in the street
What Penalties Could You Face for a Disorderly Conduct Conviction in Florida?
In Florida, disorderly conduct is categorized as a second-degree misdemeanor offense. Although these crimes are considered less severe than first-degree misdemeanors or felony offenses, a charge for disorderly conduct must be taken seriously as the penalties could affect your lifestyle, freedom, and future opportunities.
Misdemeanors of the second degree are punishable by a term of imprisonment not exceeding 60 days in Florida, meaning you could get a maximum prison sentence of up to two months. However, your criminal defense attorney may be able to to lessen your sentence or have your charges dropped entirely by showing the court that your offense was either less severe than implied or did not even occur at all.
Disorderly conduct charges may be dropped if your lawyer can show you did not intend to commit the crime or you are absolved from being entirely responsible for your behavior. Possible defenses for disorderly conduct include:
- You are a minor
- You are mentally incapacitated
- You were acting under duress
- You lacked intent
Obtain Legal Counsel from an Experienced Disorderly Conduct Lawyer in Florida
With over 30 years of experience, Criminal Defense Attorney Brian Gabriel has what it takes to provide the support you need both in and out of the courtroom. If you are facing a criminal charge for disorderly conduct, start with a free consultation today by calling Criminal Defense Attorney Brian Gabriel at (561) 475-5952. You can also complete an online contact form to learn about your legal options.