Disorderly conduct can cover a wide range of activities, and almost any breach of the peace may be considered disorderly conduct. Unfortunately, due to the nature of this charge, Law Enforcement Officers in Florida may abuse their discretion in pressing charges. No matter what the police may base an arrest on, you may wish to seek out the help of a criminal defense Attorney.
Before you talk to the police, contact a Hollywood disorderly conduct Lawyer. Do not risk jail time and hefty fines over a misunderstanding or mistake, especially since you may discover that your rights have been violated. Get in touch with one of our skilled defense attorneys at Leifert & Leifert to see what defense strategies may be available to you.
Disorderly Conduct Laws in Hollywood
Florida Statutes §877.03 defines breach of the peace—the offense which disorderly conduct is usually charged as—to include the following actions:
- Corruption of public morals
- Causing public outrage at a violation of public decency
- Bother someone’s peace and quiet who witnesses certain activities
- Fighting
- Brawling
A violation of this law is a second-degree misdemeanor, and a Court may punish a conviction person with up to 60 days in jail and a fine of no more than $500. Representation from a qualified disorderly conduct lawyer in Hollywood could be key to mitigating some or all of these potential consequences.
Could Someone Use Freedom of Expression to Defend Against Disorderly Conduct?
If a person performs specific actions as a means of self-expression or protest, those acts should not fall under the disorderly conduct laws. It is important to note, however, that the police are not permitted to use intimidation to stop someone from expressing their constitutionally protected rights.
What is Public Intoxication?
Public intoxication could also be a type of disorderly conduct. Even if a person is in a place where the government allows alcohol use, the police may arrest someone if their behavior is disruptive and risks the safety of others. Fla. Stat. §856.011 also specifically prohibits public drunkenness or drunkenness that endangers other people’s safety and property.
If a person is a habitual offender, meaning they violated this law at least three times in the past year, the Court may order that person to attend treatment. Anyone in this position should contact a Hollywood disorderly conduct attorney for help with developing a defense for these charges.
Assault of Emergency Response and Other Public Agents
Disorderly conduct and assault of public employees can often occur together. Public workers may include the following:
- Emergency medical care providers
- Firefighters
- Law Enforcement agents
- Public transportation agents
If a person throws a punch at any of these parties, the punishments may range from misdemeanors to felonies, as per Fla. Stat. §784.07. For example, if a person commits aggravated assault on a police officer, that person must serve a minimum sentence of three years in prison.
Get in Touch with a Hollywood Disorderly Conduct Attorney
If you were charged with disorderly conduct, you may need to take action to protect your rights and your freedom. You may find the aid of a Hollywood disorderly conduct lawyer to be invaluable as you choose the most effective course of action for your circumstances.
Our attorneys at Leifert & Leifert may be able to help you understand the charges brought against you and what defenses you may be able to rely on to reduce or avoid certain negative consequences. For more information, call us today to schedule a free initial consultation.