Disorderly Conduct
Disorderly conduct is a catchall charge that cops may slap on multiple people involved in an altercation, party, large public event, or protest. It is frustrating to be unnecessarily involved in the criminal justice system, but if you have been arrested or charged, you should take the situation seriously.
An aggressive defense attorney will immediately seek to have the charges against you dismissed. The prosecution faces the same bar of guilt beyond a reasonable doubt, and should be pushed to fulfill this requirement.
Dayton Disorderly Conduct Lawyer
Attorney Brian Joslyn knows that criminal charges can be doled out easily, but not easily defended or expunged. If you have a charge against you for disorderly conduct or drunk and disorderly in the Dayton area, Joslyn Law Firm can manage your defense. We strongly believe in our clients’ innocence, and will never pressure someone into pleading guilty. The misdemeanor system is designed in such a way as to secure guilty pleas. Do not take your charge lying down, and instead seek the counsel of a defense lawyer.
Call (937) 356-3969 for a free, no obligation consultation to discuss the best route for you. Joslyn Law Firm has two convenient office locations in Beavercreek and Columbus, and represents clients across Dayton, Springfield, Wilmington, Lancaster, Delaware, and the surrounding region.
Dayton, Ohio Disorderly Conduct Information Center
- When is this crime a misdemeanor offense?
- Which types of conduct result in these charges when a person is intoxicated?
- What are the possible punishments if a person is convicted of this crime?
- Are there any defenses against these charges?
Disorderly Conduct as a Minor Misdemeanor in Ohio
Disorderly conduct is something that causes an inconvenience, annoyance, or alarm to another person, by doing any of the following activities, as laid out in Ohio Revised Code § 2917.11:
- Engaging in fighting, in threatening harm to persons or property, or in violent or turbulent behavior
- Making unreasonable noise or an offensively coarse utterance, gesture, or display or communicating unwarranted and grossly abusive language to any person
- Insulting, taunting, or challenging another, under circumstances in which that conduct is likely to provoke a violent response
- Hindering or preventing the movement of persons on a public street, road, highway, or right-of-way, or to, from, within, or upon public or private property, so as to interfere with the rights of others, and by any act that serves no lawful and reasonable purpose of the offender
- Creating a condition that is physically offensive to persons or that presents a risk of physical harm to persons or property, by any act that serves no lawful and reasonable purpose of the offender
Montgomery County Drunk and Disorderly Charges
It is not illegal to simply be intoxicated in public in Ohio. However, outrageous behavior can draw the attention of police, often resulting in a ride downtown for anyone they wish to remove from the scene.
It is illegal to do any of the following while voluntarily intoxicated:
- In a public place or in the presence of two or more persons, engage in conduct likely to be offensive or to cause inconvenience, annoyance, or alarm to persons of ordinary sensibilities, which conduct the offender, if the offender were not intoxicated, should know is likely to have that effect on others
- Engage in conduct or create a condition that presents a risk of physical harm to the offender or another, or to the property of another
Of note, a person is proven to have been intoxicated if an ordinary observer would assume such.
Though the statute is seemingly wide open to interpretation, a knowledgeable defense attorney will find the weaknesses in the prosecution’s case, and exploit our knowledge throughout negotiations and through to trial if necessary.
Ohio Penalties for Disorderly Conduct
Disorderly conduct is a minor misdemeanor with a fine up to $150 and no jail time. Minor misdemeanors are attractive because there is no criminal record, however, it is still a conviction for a crime and it will likely show up on certain background checks. It is up to a potential or current employer or licensing board to determine if they will accept the minor misdemeanor. Even this light charge can have serious consequences on your future.
Disorderly conduct increases to a misdemeanor of the fourth degree if there are extenuating circumstances such as:
- The offender persists in disorderly conduct after reasonable warning or request to desist.
- The offense is committed in the vicinity of a school or in a school safety zone.
- The offense is committed in the presence of any law enforcement officer, firefighter, rescuer, medical person, emergency medical services person, or other authorized person who is engaged in the person’s duties at the scene of a fire, accident, disaster, riot, or emergency of any kind.
- The offense is committed in the presence of any emergency facility person who is engaged in the person’s duties in an emergency facility.
Penalties include a fine up to $250 and maximum 30 days in jail. The misdemeanor of the fourth degree will most certainly show up on a criminal record and will hinder future employment, licensing, graduate or professional school, and housing.
Defenses to Disorderly Conduct in Montgomery County
With a sea of misdemeanors to handle each day, prosecutors may have a broad brush of going forward with a conviction based on a police report and little other evidence. Joslyn Law Firm will thoroughly review police evidence and your recollection to determine where the prosecution’s case falls short. Any opportunity to collect our own evidence will be pursued.
A criminal defense lawyer allows you the benefit of effectively working through discovery – the chance where you can discover the evidence the state holds against you. We have a deep understanding of the law and how it is applied, enough to pinpoint where your case can be won.
A reasonable justification for your behavior may include:
- Self defense
- Free speech
- Right to peacefully protest
- Misinterpretation by original complainant
Find the Best Disorderly Conduct Lawyer in Dayton
Disorderly conduct, disturbing the peace, and drunk and disorderly are serious charges that can place a stain on your criminal record. No lawyer worth hiring will tell you to plea guilty to something you did not do and cannot be proven.
Your case may be just another file in a large stack to the prosecutors, judges, and other defense lawyers, but to you and to Joslyn Law Firm, a disorderly conduct conviction is unacceptable. Call us at (937) 356-3969 to schedule a free consultation where attorney Brian Joslyn will methodically walk through the events that led to your citation or arrest.
