What is the difference between aggravated disorderly conduct and disorderly conduct?

Asked 11 months ago - Cleveland, OH

I have been charged with aggravated disorderly conduct, in violation of Ohio Revised Code 2917.11 (B)(1). I am very confused with the charge because all I did was get out of my car to find out what was going on after the police had made me sit in my car while arresting my friend for fighting. I was intoxicated at the time but I do not see how I violated what is written in this section. Also, why would it be considered aggravated? I do not see that defined anywhere.

Attorney answers (5)

  1. Donald Michael Gallick

    Pro

    Contributor Level 16

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    Answered . The City of Cleveland has a local ordinance called "Aggravated Disorderly Conduct," it is a first-degree misdemeanor punishable by up to 180 days in jail.

    The State of Ohio has a statute called "Persistent Disorderly Conduct," it is a fourth-degree misdemeanor punishable by up to 30 days in jail.

    Both the City of Cleveland and the State of Ohio also have minor misdemeanor violations of the disorderly conduct law which is only punishable by a fine.

    You would be better off consulting in private and in confidence in a lawyer's office to discuss the specific facts of the case. A public discussion of criminal allegations can often lead to disastrous results...

  2. Christopher Lee Beck

    Pro

    Contributor Level 19

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    Answered . Ohio Revised Code section 2917.11 covers disorderly conduct in multiple ways. The (A) section of this charge is basic disorderly conduct without intoxication. This requires a showing that you caused inconvenience, annoyance, and alarm. The (B) section requires intoxication. Disorderly conduct can be a minor misdemeanor or a fourth degree misdemeanor. If it was in the presence of a law enforcement officer or you continued your behavior after reasonable warnings to stop then it is a fourth degree misdemeanor. The difference between a minor and fourth degree is that a minor carries a maximum of a $150 fine and no jail, a fourth degree carries a maximum fine of $250 and 30 days in jail. In my opinion disorderly conduct is one of the most misunderstood sections of the revised code. Courts, attorneys, and officers often don't understand the difference between every day duties of a police officer and disorderly conduct. I suggest you hire an attorney if you want to try and avoid going to jail or being placed on probation and ordered to jump through hoops and pay lots of supervision fees. Do not worry about the "aggravated language" it is simply the way they increase it from a minor to a fourth. Good luck.

    Attorney Chris Beck
    Beck Law Office, L.L.C.
    1370 North Fairfield Rd.
    Suite C
    Beavercreek, Ohio 45432
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    attycbeck@gmail.com
    www.becklawofficellc.com

    The responses of Attorney Chris Beck to any questions posed on Avvo do NOT establish an Attorney-client... more
  3. Matthew Charles Bangerter

    Pro

    Contributor Level 13

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    Lawyers agree

    Answered . The "Aggravated" just means you were warned, or perhaps that you did it in front of an officer at the scene of an emergency. It raises the offense from a minor misdemeanor with no jail time to a fourth degree misdemeanor with a possible 30 days of jail time.

  4. Ashley Lenore Jones

    Pro

    Contributor Level 11

    3

    Lawyers agree

    Answered . Speak with a criminal defense attorney about the facts of the case. You on your own trying to figure out why it was charged one way, as opposed to another, will do you no good. This a criminal case with possible jail time, probation, and/or fines, in addition to a criminal charge on your record. Hire a lawyer.

    This answer does not form an attorney-client relationship and is for advice only.
  5. Amy Elizabeth Ferguson

    Contributor Level 7

    2

    Lawyers agree

    Answered . As the other answers suggest many factors can raise a disorderly conduct to an aggravated disorderly conduct. Often times it is because you are told to 'stop' or 'back off' and you refuse. The facts surrounding the incident should be reviewed by an experienced criminal defense attorney to fight the charge and possibly get it lowered to a basic disorderly conduct or dropped completely. In this situation there might be a cruiser cam that could be reviewed to help your case.

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