Criminal defense attorney defends charged with disorderly conduct.
Stephen A. Gravatt, Esq.
Attorney
565 NJ 35
Middletown, New Jersey 07748
(732)-337-7922
Email: pipking@comcast.net
WHAT CONDUCT CONSTITUTES THE OFFENSE OF DISORDERLY CONDUCT-IMPROPER BEHAVIOR?
N.J.S.A. 2C:33-2 states (a) “Improper behavior. A person is guilty of a petty disorderly 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 to 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 sensibility of a hearer or in reckless disregard of the probability of doing so, 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. Public means affecting or likely to affect persons in a place to which the public or a substantial group has access; among the places included are highways, transport facilities, schools, prisons, apartment houses, places of business or amusement, or any neighborhood.”
As a criminal defense attorney with 30 years of experience I have seen this offense charged by police in places like bars, concerts, when defendants are unreasonably argumentative or abusive to others they do not know. The statute is intended to afford police a tool to control and thwart violent or alarming conduct perpetrated by angry, emotionally volatile, individuals committing violent acts against others in public places “…that may disturb and disrupt peaceful society.” State v. Paserchia, 356 N.J. Super 461 (App. Div. 2003) Note, however, you must have purposely intended to engage in conduct designed to create public inconvenience, annoyance or alarm. State v. Stampone, 341 N.J. Super 247 (App. Div. 2001).
When you disobey a law prohibiting dangerous conduct, like going on the beach during a hurricane, you violate to law because you are acting by means of “creates a hazardous or physically dangerous condition by any act which serves no legitimate purpose of the actor.” State v. Oliver, 320 N.J. Super 405 (App. Div. 2001).
I have not provided a fact pattern for section (b) because State in Interest of H.D., 206 N.J. Super 58 (App. Div. 1985) held this provision to be unconstitutional.
WHAT IS MY EXPOSURE IF CONVICTED?
Disorderly conduct is a criminal petty disorderly persons offense.Your exposure if convicted is imposition of monetary fine of up to five hundred dollars ($500.00), plus possible jail time of a minimum of zero (0) days up to a maximum of thirty (30) days, plus a criminal record.
DO I NEED TO RETAIN AN ATTORNEY TO DEFEND ME FOR DISORDERLY CONDUCT?
Yes. I would recommend it. The imposition of a criminal record can preclude you from obtaining employment as a New Jersey school teacher, a police officer, delay your entry into the military, preclude you from holding public office and/or cause employers in the private sector to refuse to hire you. The best practice is to retain a skilled and experienced attorney to handle your case and to obtain a downgrade or possible dismissal of the charges.
In my 30 plus years as a criminal defense attorney I have helped hundreds of people charged with disorderly conduct by obtaining non criminal downgraded pleas and even acquittal where supported by the facts.
Contact me today for your free initial consultation and a no nonsense conversation about how I can help you if retained.
Stephen A. Gravatt, Esq.
(732)-337-7922
www.njdwicriminaldefenseattorney.com
