A person can be charged with disorderly conduct by an exasperated police officer when they have nothing else to charge the person with. Often times these types of criminal charges are unwarranted and should be disputed by an attorney.
Disorderly conduct is a “catch all" phrase that describes unruly, offensive or rude behavior. There are many different types of behaviors that would classify as disorderly conduct and some of them include the following: public drunkenness, vagrancy, loitering, being involved in a violent altercation (fight), inciting a riot, and trespassing amongst others.
Nearly any kind of behavior that is construed as obnoxious, unpleasant or offensive can be charged as disorderly conduct. Yelling at another person on a street corner, or blasting your music at a party can be considered disorderly conduct.
Although people are supposed to have a right to the freedom of speech, when their free speech upsets others around them, they can be arrested. Sometimes making loud public declarations about your overall discontent about something can get you arrested, especially if you used curse words or berated another person in a flagrant manner.
Unfortunately, there are times when an innocent person is targeted by the police for whatever reason. They could have easily been an onlooker, or a person who was in the wrong place at the wrong time. In many cases, people are arrested when they did nothing wrong, but their friends did. Simply being there at the time of the unsettling event can result in an arrest, especially if your friends were disorderly.
In the state of California, disorderly conduct is a misdemeanor. Although misdemeanor offenses are less serious than felonies, a criminal conviction is very serious. It would be unfair for you to go to jail for up to three months, pay a $400 fine, be put on probation and gain a permanent criminal record for a crime you did not commit.
Many times an overzealous police officer is too quick to stick a disorderly conduct charge on somebody because they are simply in the vicinity of unruly individuals. Other times a person is merely defending themselves when they are given no other choice but to fight back when they are physically attacked. Every man and woman should have the right to defend themselves when someone else tries to harm them.
If you were arrested for disorderly conduct and you strongly believe that your arrest was unjust, then you should contact a criminal defense attorney right away. How would a conviction affect your immediate life? Would you lose your job if you went to jail, what would happen to your family? Disorderly conduct charges can be very detrimental to your personal and professional career if you are ultimately convicted. Take action right away; contact a criminal defense attorney without delay.