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IS DISORDERLY CONDUCT AN OFFENSE

Brooklyn, NY |

Filling out a form that asks if I have ever been charged, indicted, convicted, imprisoned, or jailed in the US for any crime or offense.
I know DC is not a crime in NYC. I was arrested in the past and basically was at the wrong place at the wrong time. The arraignment charge was petty larceny and attempted aggravated assault (wording on the last one may not be accurate) but those got dropped since i didn't steal and didn't fight or try to. I wish I wouldve fought it but my legal aid told me disorderly conduct is no big deal and would cause no problem so to just plead guilty to it.

Attorney Answers 4

Posted

I would say it is an offense.

Penal Law section 10(1) defines Offense as:

1. "Offense" means conduct for which a sentence to a term of imprisonment or to a fine is provided by any law of this state or by any law, local law or ordinance of a political subdivision of this state, or by any order, rule or regulation of any governmental instrumentality authorized by law to adopt the same.

Disorderly Conduct carries a 15 jail sentence. In addition, Article 240 is entitled OFFENSES AGAINST PUBLIC ORDER.

Depending on the situation, you may have ground to move to vacate the conviction but that would re-instate the original charge. Maybe the witness is no longer around.

I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.

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Posted

Disorderly Conduct is an offense.

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Posted

It is an offense though not a crime. It was also an arrest and maybe you were jailed before the arraignment.

If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or www.mynewyorkcitylawyer.com.

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Posted

It is a Penal Law Offense. Under some circumstances, CPL 160.55 allows you to say it never happened and you should check that provision. That statute also indicates that your criminal record on this case is sealed but your court file is not. You may wish to try to vacate your conviction under CPL Sec. 440.10(1)(h) because of what your lawyer said to you about the effect of this. I would have to know more about the case to figure that out.

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