How Do I Fight Disorderly Conduct Charges In New York?

brooklyn-arrest lawyer - scott cerbin

Disorderly conduct is a crime that many people hear about in books, television, and movies, but it’s not one that people are often familiar with in real life. Unlike other crimes in the same category, disorderly conduct is not a predefined behavior or set of actions that have been deemed against the law. Instead, this offense is rather open-ended and is largely open to the interpretation of the arresting officer.

What Is Disorderly Conduct?

Some examples of disorderly conduct include but are not limited to:

  • Bar or street fights
  • Verbally threatening another person in public
  • Blocking traffic with your car or by standing or walking in front of vehicles on the road
  • Making excessive noise in a public or residential area
  • Creating a disturbance in a meeting or other lawful assembly
  • Purposely creating a hazard or dangerous condition without cause
  • Refusing to disperse when a police officer instructs you to do so
  • Using extremely obscene gestures or language loudly and obviously in public

Penalties for Disorderly Conduct In New York

You could spend up to 15 days in jail if you are arrested for disorderly conduct and receive a conviction. If the conduct you are convicted of included disturbing a funeral or other religious service, this is considered a Class A misdemeanor. In New York, a Class A misdemeanor is punishable by up to $1,000 in monetary fines and up to 1 year in county jail.

Potential Defenses Against Disorderly Conduct Charges

You may be able to defend yourself against charges of disorderly conduct with the help of a qualified criminal defense attorney. Here are some potential strategies you could use depending on the circumstances surrounding your case:

  • Mistaken identity. It wasn’t you that engaged in disorderly conduct and the police mistook you for someone else.
  • The action you were arrested for doesn’t qualify as disorderly conduct. The noise you were making was reasonable or you were not actually blocking traffic.
  • You were not aware that you were being disorderly. You have a mental or physical condition that causes you to be unaware of loud or disorderly conduct.
  • Police misconduct. If the police did not follow the proper protocol when arresting and booking you for disorderly conduct, the charges against you may be dismissed entirely.

Contact Scott Cerbin Criminal Defense For Legal Help Today

Charged with disorderly conduct? Call New York criminal defense lawyer Scott Cerbin now at 718-596-1829.

By : First Page Attorney | May 24, 2022 | state crimes

Clients Testimonials

Contact Us

Please fill in the form below to get in touch with us

I am attorney Scott G. Cerbin, Esq., and my firm is located in downtown Brooklyn near the Borough Hall and Jay Street stops. The Law Office Of Scott G. Cerbin, Esq., PLLC, offers free initial consultations to individuals living within all five New York City boroughs. You can reach me at any hour of the day or night, regardless of the complexity of your issue.

To schedule your initial consultation or to learn more about my firm, call 718-596-1829 or complete the lawyer contact form below.