Disorderly conduct is a term which is used to categorize a wide range of criminal activities. In many cases, disorderly conduct typically involves behavior which creates a disturbance or is engaged in in a public place.
Disorderly conduct is a grouping of offenses which can include a broad range of different types of conduct. Examples of disorderly conduct may include:
- Violating a noise ordinance;
- Loitering;
- Disturbing the peace;
- Exhibiting reckless behavior in a crowded area;
- Provoking another individual in a threatening manner;
- Public drunkenness;
- Behaving in an overall disruptive manner;
- Public urination;
- Peeping into someone’s window; and
- Any behavior that compromises public safety.
Every state as well as municipalities may define disorderly conduct slightly differently. In addition, a crime that does not fit into any one particular category of criminal offenses may be charged as disorderly conduct.
Behavior which causes some type of public disturbance will typically be categorized as disorderly conduct. Disorderly conduct can also be a catch-all charge for behaviors which are annoying or obnoxious.
As previously noted, each state will have their own laws regarding what conduct is classified under disorderly conduct. For example, certain states may require intent while others include reckless behavior.
Although a disorderly conduct crime may occur while an individual is intoxicated, intoxication is not usually a necessary element of the disorderly conduct. An individual should take time to familiarize themselves with what constitutes disorderly conduct in their state as well as what will occur if they are charged with this type of crime.
The punishment for disorderly conduct will vary and an individual may be able to have the conviction removed from their record. In Washington State, an individual can be charged with disorderly conduct for numerous reasons. The punishments in Washington State will be discussed below.
What Happens When You are Charged with Disorderly Conduct?
Depending on the severity of an individual’s actions and their local laws, they may simply receive a ticket for disorderly conduct, or they may be arrested. If an individual is arrested, they will be booked and will need to be bailed out.
It is also possible that the individual will be released at the police station and will not be required to post bail. If an individual does not post bail, they will be required to wait in jail until their trial.
After an individual is charged with disorderly conduct, they will be required to appear in court to enter a plea of either guilty or not guilty. If an individual was arrested and they plead not guilty, the court will determine whether they will be released or be required to remain in jail.
Bail is set by a court that decides to release the individual. Bail is a payment that guarantees an individual will be present at their future court date.
Following these steps, an individual will need to consult with their criminal defense lawyer to review the plan for their case going forward. This may include attempting to get the charges dropped, negotiating a plea deal, or proceeding to trial.
What is the Disorderly Conduct Law in Washington State?
In Washington State, disorderly conduct may be defined as:
- Disrupting a lawful meeting or assembly;
- Using abusive language which places an individual at risk of an assault;
- Unlawfully and intentionally obstructing traffic; and
- Making unreasonable noise; or
- Fighting within 500 feet of a:
- burial;
- wake;
- funeral; or
- memorial service.
Is it Disorderly Conduct in Washington State If I’m Accused of Failing to Disperse?
No, failing to disperse is not disorderly conduct in Washington State. In this state, failing to disperse is a separate crime.
Failing to disperse means that an individual congregated with three or more individuals in such a way that it created a risk of injury or damage to property. Failing to disperse becomes a criminal act when a law enforcement officer tells the group of individuals to disperse and they do not do so.
Is Obstruction of a Public Servant the Same as Disorderly Conduct?
No, obstruction of a public servant is not the same as disorderly conduct. Obstruction of a public servant is engaging in the interference with the work of a public servant, including:
- EMTs;
- Law enforcement officers; or
- Emergency responders.
What Are the Penalties for a Disorderly Conduct Conviction?
In most jurisdictions, disorderly conduct charges can result in criminal penalties. As noted above, some jurisdictions use disorderly conduct charges as catch-all charges for prosecuting individuals whose behavior was generally disruptive.
On its own, disorderly conduct is often a minor crime, which can lead to a citation, small fine, or a short time in jail. It is important to be aware that some disorderly conduct cases may create major legal issues for the defendant.
This may occur in cases where:
- The disorderly conduct involved alcohol or public drunkenness, especially for repeated or habitual behavior;
- The conduct led to serious injury or harm to another person; and
- The defendant caused major property damage.
In addition, disorderly conduct charges may lead to more serious criminal charges if the offense is a defendant’s second or third offense. A repeat, or habitual, offender may be subject to penalties including higher criminal fines and possible jail time for a longer period than that for the first disorderly conduct charge.
It is also common for disorderly conduct charges to be included in a case with other charges. For example, an individual who was caught stealing may be charged with disorderly conduct due to fleeing the scene or based on their behavior prior to the theft.
In certain types of cases, a disorderly conduct charge may result in felony charges. This may occur if, for example, the disorderly conduct was committed while in an airport. Felony charges will result in over a year in jail and increased criminal fines.
In Washington State, disorderly conduct is a misdemeanor. A defendant who is convicted of disorderly conduct may be sentenced to up to 90 days in jail as well as a criminal fine of up to $1,000.
Can Disorderly Conduct Punishments Be Reduced?
A disorderly conduct charge may be reduced depending on the facts of the specific case. The sentencing for a disorderly conduct charge often involves a great deal of discretion on the part of the court.
The court may choose to reduce the punishment if it is the defendant’s first offense and they have a generally good track record. A court may also decide to order alternative methods of rehabilitation, which may include paying a fine or performing community service for a specified number of hours.
Are There Any Defenses for Disorderly Conduct?
Similar to other charges, there may be various criminal defenses available to disorderly conduct charges. The most common defenses to a charge of disorderly conduct include:
- Self-defense;
- Involuntary intoxication; and
- Cases where the behavior was necessary to prevent an emergency.
Should I Contact a Defense Lawyer to Help Me with My Criminal Charge?
You may need to have the assistance of a Washington criminal lawyer if you are facing disorderly conduct charges or any other charges in Washington State. Even a misdemeanor conviction may have long-term consequences for you.
Your attorney can review your case, determine if there are any defenses available to you, and ensure your rights are protected during the process. Because the laws may vary by location, it is important to have an attorney so you can understand the specific charges against you as well as build the best possible case. Your attorney may also be able to negotiate a reduction in charges or even a plea deal with the prosecution, depending on the facts of the case.
