Though disorderly conduct charges may seem insignificant compared to other offenses, they still bring consequences our lawyers can help you avoid. Let us explain what your charges mean and the potential penalties they carry, and start working on your defense against them in Pennsylvania.

Fighting, making unreasonable noise, using obscene language, and engaging in other inappropriate behavior in public with the intent to cause inconvenience is disorderly conduct. It is typically a summary offense, though it can be elevated to a misdemeanor of the third degree. Either charge carries the possibility of fines and even jail time, although we can often avoid jail for first-time offenders. We may avoid any consequences with a strong defense, such as provocation, self-defense, or lack of intent.

Get a free case review by calling the Philadelphia criminal defense lawyers of the Liberty Law Team now at (215) 826-3314.

What is Disorderly Conduct in Pennsylvania?

18 Pa.C.S. § 5503 defines disorderly conduct as the intent to cause public inconvenience or recklessly create the risk of public inconvenience through one of these actions:

  1. Fighting or threatening to fight
  2. Being unreasonably loud
  3. Using obscene language or making obscene gestures
  4. Creating dangerous or physically offensive conditions.

Generally, disorderly conduct is a summary offense. However, suppose the defendant intended to cause substantial harm or inconvenience or continues engaging in disorderly conduct after being asked or ordered to stop. In that case, the offense becomes a misdemeanor of the third degree.

A key aspect of disorderly conduct charges is that the behavior occurs in public and that the defendant intended to inconvenience others. When prosecutors cannot prove these elements, disorderly conduct charges should not stick.

What Are the Penalties for Disorderly Conduct?

The penalties for disorderly conduct vary, depending on how the offense is charged. Our Northeast Philadelphia criminal defense lawyers can explain the potential consequences and develop a plan to mitigate them.

Summary Offense Penalty

Summary offenses are punishable by fines of up to $500 and 90 days in jail. When our lawyers handle your case, you may not get any jail time, especially if this is your first offense.

Summary offenses are the least serious charges in Pennsylvania but may still appear on your criminal record. Fortunately, § 9125 only lets employers consider felony and misdemeanor offenses when hiring, not summary offenses, so a past case shouldn’t affect your future much.

Third-Degree Misdemeanor Penalty

For misdemeanors of the third degree, defendants face up to one year in jail and $2,500 in fines. This is a much more serious penalty than defendants face for summary offenses. Don’t risk these extra consequences, and call our lawyers immediately after a disorderly conduct arrest in Pennsylvania.

What Happens During a Disorderly Conduct Arrest in Pennsylvania?

For disorderly conduct, public drunkenness, obstructing highways and other passengers, and other offenses, officers in Pennsylvania may not need a warrant to make arrests. Pay attention during an arrest and tell us if officers violate your rights.

Police officers who witness disorderly conduct and have probable cause to believe people or property are in danger can arrest individuals without warrants, according to 42 Pa.C.S. § 8902.

Being arrested, whether with or without a warrant, can be a distressing experience. Do not argue with the police officers arresting you or try to explain the situation to avoid arrest. Instead, invoke your right to an attorney and your right to remain silent. Our lawyers can provide the much-needed context later, which may lead to the charges against you getting dropped.

If you are arrested for disorderly conduct, officers will take you to the local precinct. They will then process your information, which includes taking your photos, fingerprints, and other relevant details. Continue invoking your right to remain silent and your right to an attorney. Call us as soon as possible, and we can begin reviewing the case.

In most cases, you will not be arrested for a summary offense.  Instead, the police will cite you and give you a court date for your trial.

What Are Defenses to Disorderly Conduct Charges in Pennsylvania?

We can identify the best defense against disorderly conduct charges in Pennsylvania, so call us about your case right away.

Provocation

Tell our lawyers if you were provoked into being very loud or otherwise inconvenient to the public. Being verbally harassed or threatened may provoke defendants into reacting, and our lawyers may present evidence of this to undermine the prosecution’s case.

Self-Defense

Disorderly conduct charges for fighting in public places are common. If you were only defending yourself against someone else’s attack, we can use that to overcome the charges. Once we give the prosecution more context, they may even drop the charges against you.

Lack of Intent

Not intending to cause a disturbance and not knowing that you were causing a disturbance are other defenses against disorderly conduct charges in Pennsylvania. Prosecutors generally must prove intent in these cases, and failure to do so may lead to favorable outcomes for defendants.

What Evidence Helps Defendants Overcome Disorderly Conduct Charges?

We are aware of the evidence that can help defendants overcome disorderly conduct charges and potentially lead to a favorable outcome in Pennsylvania.

Witness Testimony

Eyewitnesses may testify and illuminate holes in the prosecution’s case. If you are accused of being fighting or threatening to fight, eyewitnesses may confirm you were only acting in self-defense. Eyewitnesses may also dispel assertions you were using obscene language or making obscene gestures, so tell us about anyone else present before and during the arrest.

Video Footage

Video footage may come from smartphones or surveillance cameras. Footage can give more context, potentially showing you were provoked or stopped certain behaviors when asked.

Medical Evidence

Defensive wounds can help prove self-defense, and we can assist you in obtaining the necessary medical attention after an arrest for disorderly conduct in Pennsylvania.

Call Our Pennsylvania Defense Attorneys for Help with Your Criminal Case

Get a free case assessment when you call the Montgomery County, PA criminal defense lawyers of the Liberty Law Team at (215) 826-3314 today.