Disorderly conduct is a criminal offense in New Jersey that is separated into two distinct categories, one of which envelopes actions that constitute “improper behavior,” and the other entailing verbal expression that is deemed “offensive language.” Improper behavior can involve fighting, threatening, or what is legally termed “creating a hazardous condition,” while offensive language is rather self-explanatory. Either of these allegations can result in an arrest and a criminal charge for disorderly conduct, which requires a hearing at the local Municipal Court and can result in serious consequences.a. Improper Behavior. A person is guilty of a petty disorderly persons offense, if with purpose to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof he:
(1) Engages in fighting or threatening, or in violent or tumultuous behavior; or
(2) Creates a hazardous or physically dangerous condition by any act which serves no legitimate purpose of the actor.
b. Offensive Language. A person is guilty of a petty disorderly persons offense if, in a public place, and with purpose to offend the sensibilities of a hearer or in reckless disregard of the probability of so doing, he addresses unreasonably loud and offensively coarse or abusive language, given the circumstances of the person present and the setting of the utterance, to any person present.
Actions Often Resulting in Disorderly Conduct Charges in New Jersey
Engaging in disorderly conduct, such as damaging public or private property, not only violates the law but also carries significant consequences. The offender may be obligated to pay for the damage and could be prohibited from visiting that property. Fighting in public, whether the participants come to blows or are in a yelling match, may be considered disorderly conduct. Public intoxication is another example of a common precursor for a disorderly conduct summons-complaint. It is not illegal to have a few drinks, but making a nuisance of oneself by disturbing those in the vicinity or acting belligerently is. Using offensive language, hate speech, and offensive gestures in public are also considered disorderly conduct. The list of offenses includes loitering or wandering around an area without a legitimate reason and creating a disturbance or alarm.
There are those who believe that the right to free speech granted by the First Amendment of the Constitution allows anyone to say anything at any time in any manner they choose. They are partially correct. However, when it comes to offensive language, that is another matter. It is important to understand that while free speech is a right, it also comes with responsibilities, including avoiding threatening or alarming terminology in a public forum that may offend surrounding citizens. Sporting events are rife with behavior that could be considered disorderly conduct. Whether the offender is at a professional sporting event or watching their child play from the sidelines, yelling at the people around them, or using threatening, offensive language is often considered out of bound in the eyes of the law.
The most common places where disorderly conduct occurs are bars and events such as concerts or festivals. Alcohol loosens the tongue and presses logical thinking to one side. Even the most euphoric celebrators can be disorderly if they yell and act in ways that bother those around them. Of course, when partygoers drink too much, some become aggressive, yelling offensive language and fighting at the drop of a hat. Hate speech, such as racial slurs and derogatory language, is often a part of these encounters. This distinction is crucial for understanding the boundaries of free speech and avoiding disorderly conduct charges.
Sentencing for Disorderly Conduct Convictions in NJ
Disorderly Conduct is classified as a Petty Disorderly Persons Offense, which may entail a maximum sentence of 30 days to be served in the county jail and a fine of up to $500 for those convicted. Disorderly conduct is the equivalent of a criminal misdemeanor and is the least serious level of criminal offense in the state. And yet, it still has serious consequences. It could affect your ability to get a job or rent a home, as it will appear on your criminal record. Employers and landlords could interpret this charge as an indication that you are a liability and a troublemaker. While you may be ordered to serve up to 30 days in jail and pay a fine of up to $500, probation is another option for sentencing in these cases. The judge can also order you to pay restitution for damaged property and additional fines for the Victims of Crime Compensation Board, the Safe Neighborhood Services Fund, and court costs totaling nearly $160.
What if a Disorderly Conduct Charge is my First Offense?
A conditional dismissal provides an opportunity for first-time offenders to resolve their cases and ultimately get the charges dismissed. Suppose you don’t have any previous convictions, conditional discharges, or pretrial intervention program enrollments in the past. In that case, the charges can be dismissed and then be removed from your record after following all of the program regulations during a probationary period. The program’s requirements and regulations must be followed, then the charges can be dismissed. Six-months after completing the program, you can apply for an expungement of all documentation related to the case.
New Jersey Disorderly Conduct Defense Approaches: Proving Your Innocence or Mitigating the Charges
Disorderly conduct charges are serious and can have long-term consequences if not handled properly. Our talented criminal defense lawyers have decades of experience handling these cases and we will create a defense strategy based on your case’s strengths after investigating the circumstances of your situation in meticulous detail. Depending on the scenario, a skilled criminal defense lawyer may be able to negotiate with the prosecutor to get your charges dropped or deferred if you agree to attend anger management or substance abuse classes. You can also potentially plead guilty to a lesser charge known as a local ordinance, or municipal ordinance violation. Once the fine is paid, the case is resolved with a non-criminal conviction. An ordinance essentially removes the criminal component of the offense and lessens the offense to a municipal infraction, similar to a ticket.
Additionally, many of these events occur in crowds. Yours may be a case of mistaken identity. If the prosecution cannot prove it was you, you may be found innocent. Your actions must have also caused a breach of the peace, and the prosecution has the burden of proof. It could be extremely difficult to prove that using coarse language in public was an offense. Additionally, your behavior had to be threatening or aggressive to those around you. Sometimes, our attorneys can also show that your actions had a legitimate purpose, as in the case of self-defense or someone else’s disturbing behavior prompting your necessary reaction.
Eligibility to Expunge a Disorderly Conduct Conviction in New Jersey
An expungement allows you to have the offense and related documentation removed from your criminal record. To qualify, you must wait five years from the date your case was closed by way of conviction or guilty plea to a disorderly conduct charge, meaning all fines have been paid and any requirements made by the court have been satisfied. If you have fewer than five disorderly persons convictions or three disorderly persons convictions and a single indictable offense (felony) conviction, you are also eligible. Notably, there are some felony convictions that bar expungement, so the indictable offense that you wish to expunge along with a disorderly conduct conviction must be an eligible offense.
Contact Tinton Falls NJ Disorderly Conduct Lawyers for Help with Your Case
The law offices of Chamlin, Uliano & Walsh has established an outstanding reputation through tireless dedication to our clients. If you have been charged with disorderly conduct in Middletown, Holmdel, Belmar, Manasquan, Freehold, Asbury Park, Long Branch, Point Pleasant, Seaside Heights, Belmar, or elsewhere in Ocean County or Monmouth County, New Jersey, contact us at 732-440-3950 to speak with one of our attorneys. We are happy to answer any of your questions and to discuss the alternatives available to you with a knowledgeable legal advocate on your side.