Being charged with disorderly conduct ( also called breach of the peace) can significantly affect your record and life. In Florida, this offense is defined as acts that are of a nature to corrupt public morals or outrage the sense of public decency. Actions that affect the peace and quiet of people who witness them are also considered disorderly conduct.
Examples include fighting/brawling, playing music at an unreasonable volume, making a scene with a loud argument, using offensive language in public, starting a riot, loitering in restricted areas and blocking traffic.
Here is what to know about this charge:
Misdemeanor of the second degree
Anyone charged with disorderly conduct in Florida is guilty of a misdemeanor of the second degree. Thus, they can go to jail for a defined term not exceeding 60 days and pay a $500 fine when convicted.
Defenses
You can fight a disorderly conduct charge with different types of strategies depending on the circumstances surrounding your case.
One of the most common defenses used is lack of intent. If you can prove you didn’t intend for your actions to cause public disruption or annoyance, you may challenge your charge with a lack of intent defense.
Further, if you fight in public to defend yourself, self-defense may be a plausible argument in your case. Additionally, if you can prove your behavior in public is protected speech, you may argue that you were exercising the First Amendment right to freedom of speech. Using this defense, you may also state that the other party filed the case against you due to personal interpretations of your behavior.
If your action did not occur in a public place, you may have grounds to defend yourself from a disorderly conduct charge.
If you are facing a disorderly conduct charge, learn more about your case sooner to protect yourself from potential second-degree misdemeanor penalties.