Understanding Disorderly Conduct Charges in Florida
What are the elements of Disorderly Conduct in Florida?
According to Sec. 877.03, Florida Statutes, Disorderly Conduct in Florida can be committed when an individual:
- Commits acts that “corrupt the public morals,” “outrage the sense of public decency,” or “affect the peace and quiet” of anyone who may witness such acts;
- Engages in brawling or fighting; OR
- Otherwise acts to cause a breach of the peace.
These definitions of disorderly conduct are broad, but the courts have placed limitations, such as prohibiting a conviction based on constitutionally protected speech.
What are the penalties for Disorderly Conduct in Florida?
Disorderly conduct is considered a second-degree misdemeanor in Florida. The penalties can include up to:
How can I fight a charge of Disorderly Conduct?
Several strategies can be employed to challenge the State’s case or prove your innocence:
- Moving to throw out evidence that was obtained in violation of your constitutional rights
- Showing that there is no evidence supporting the charge
- Showing that you have an alibi
- Retaining an experienced criminal defense lawyer
Understanding the full picture of disorderly conduct charges is crucial. Often, these charges are subjective, based on another person’s perception or law enforcement’s interpretation of the situation. As such, providing a robust defense requires a thorough understanding of the context and circumstances surrounding the alleged incident.
It is essential to remember that a charge is not a conviction. You are presumed innocent until proven guilty, and you have the right to defend yourself against any charges. The key to a successful defense often lies in the details of the case, highlighting inconsistencies or weaknesses in the prosecution’s evidence, or identifying violations of your constitutional rights that occurred during your arrest or subsequent investigation.
Frequently Asked Questions
1. What actions are considered disorderly conduct in Florida?
In Florida, actions that corrupt public morals, outrage public decency, or disrupt peace and quiet are considered disorderly conduct. Additionally, engaging in fights or causing breaches of peace can also fall under this category.
2. Can I go to jail for disorderly conduct in Florida?
Yes, you can go to jail for disorderly conduct in Florida. The crime is a second-degree misdemeanor, punishable by up to 60 days in jail.
3. Can I fight a disorderly conduct charge?
Yes, a charge of disorderly conduct can be fought in court. Strategies can include showing no evidence supporting the charge, presenting an alibi, or highlighting violations of your constitutional rights.
4. Do I need a lawyer for a disorderly conduct charge?
Having a criminal defense lawyer is strongly recommended. They can help you understand the charges, navigate the legal process, and strategize your defense.
5. What is the maximum fine for disorderly conduct in Florida?
The maximum fine for disorderly conduct in Florida is $500.
If you’re charged with disorderly conduct, it is critical to take the accusations seriously. Retaining a skilled criminal defense attorney as soon as possible can make a significant difference in your case’s outcome. The team at Leppard Law provides aggressive representation while prioritizing client interests.
Contact Leppard Law at 407-476-4111 for a free consultation today. We answer calls 24/7.