877.03 Breach of the peace; disorderly conduct.--
As experienced Palm Beach and Broward County disorderly conduct criminal defense attorneys, the lawyers at Leifert & Leifert are well-versed in the particularities of the subsection of the Florida State Statutes that deals what it deems “breach of the peace; disorderly conduct,” s. 877.03.
According to Florida law, “whoever commits such acts as are of a nature to corrupt the public morals, or outrage the sense of public decency, or affect the peace and quiet of persons who may witness them, or engages in brawling or fighting, or engages in such conduct as to constitute a breach of the peace or disorderly conduct, shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.”
The Palm Beach and Broward County disorderly conduct criminal defense attorneys at our firm know that the language in this statute is fairly general and, as such, it can be applied in a variety of situations depending on the subjective judgment of law enforcement personnel. Just as the phrase “disorderly conduct” is an umbrella term, so too is the statute that defines the expression.
As the law stipulates, an individual is guilty of a second-degree misdemeanor in the State of Florida if such a person engages in acts that are of a nature to “corrupt public morals” (a subjective determination), “outrage the sense of public decency” (also a subjective determination), or if such a person engages in acts that affect the quiet and/or tranquility of witnesses to the acts, or if such a person is engaged in a brawl or fight, or if they are engaging in other types of conduct that constitute a breaching of the general peace or if they are engaging in disorderly conduct. Thus, s. 877.03, the disorderly conduct section of the Florida State Statutes, can be applied to cases in which an individual is gesturing obscenely, loudly displaying foul language, loitering in public, meandering around public while intoxicated, fighting, blasting stereo music in a manner that disrupts the general tranquility, blocking traffic, etc.
Breaching the peace and/or engaging in disorderly conduct is a misdemeanor of the second degree and is punished as such, as determined by s. 775.082 and s. 775.083. According to subsection (4)(b) of s. 775.082, a second-degree misdemeanor, such as a disorderly conduct, is punishable by a definite prison term of no more than 60 days. However, and additionally, according to subsection (1)(e) of s. 775.083, an individual found guilty of a second-degree misdemeanor can be issued a fine either in addition to or, in some cases, in lieu of prison time. For an offense such as disorderly conduct, the fine may not exceed the amount of $500.
If you are arrested for or charged with a breach of the peace or disorderly conduct in Palm Beach, Broward or Miami-Dade County, contact us for a free consultation. Retaining the experienced Palm Beach and Broward County disorderly conduct criminal defense attorneys at Leifert & Leifert can the world to your case—we will work with you to arrange for a dismissal of charges, giving you a clean slate and preventing a tarnish on your reputation. For a free consultation, call us at 1-888-5-DEFEND (1-888-533-3363).