Disorderly conduct is a second-degree misdemeanor in Florida, which may sound like you will get off with a slap on the wrist, but any criminal conviction has repercussions that affect your everyday life beyond spending some time in the Orange County jail or compromising your next paycheck to pay a fine.
You could be banned from the public area where you were arrested, and prospective landlords and employers may shun you. Your family life can become strained from embarrassment and the scholarship you hoped to win and attend University of Central Florida or Rollins can slip from your grasp. Before you say anything to law enforcement that may not be to your benefit, call an Avalon Park disorderly conduct and disturbances lawyer with The Umansky Law Firm for compassionate and experienced guidance with this criminal defense case.
Florida Statutes § 877.03 defines disorderly conduct and breach of the peace. The act in question must do at least one of the following:
This expansive definition leaves a lot of leeway for local police to arrest someone in a public place on this charge. Generally, it is a catch-all for bad behavior in public, such as picking a fight with a stranger or engaging in drunken and insistent panhandling or causing movie theater patrons to flee after yelling ‘fire!’ Disorderly conduct and disturbances can occur wherever people go in Avalon Park, including restaurants, parks, churches, retail stores, apartments, schools, theme parks, and roadways. A lawyer understands what you have at stake, and our mission is to restore your life to pre-conflict days so you can put this ordeal behind you.
According to Fla. Stat. § 775.083, disorderly conduct and disturbances are second degree misdemeanors with penalties for a conviction capped by law but which the judge has the discretion to deliver. You can receive a sentence of any combination of up to 60 days in jail, up to a $500 fine, and up to six months of probation.
Additionally, the judge can sentence you to community service and substance abuse treatment if alcohol or drugs play a part in the charge. An Avalon Park disorderly conduct and disturbances attorney is a skilled negotiator that may be able to help you avoid jail time and complete an alternative to it or convince the jury that your defense should result in a ‘not guilty’ verdict.
Although you may be charged with disorderly conduct or creating a disturbance, it does not mean you will be convicted. The prosecutor must prove all elements of the charge beyond a reasonable doubt, and our attorneys are skilled at sewing doubt in the jury members’ minds. We also create the best defense suitable for the facts in your case to refute the prosecutor’s allegations. For example, you may stand accused of picking a fight or starting a brawl, but this would not be accurate if you were defending yourself from the real aggressor.
The arresting officer may ask you questions that can incriminate you, but if you are not informed that you have the right to remain silent and consult an attorney upon arrest, your answers are inadmissible.
You also have the first amendment right to free speech that may offend some people but does not amount to a crime. In State v. Saunders, 339 So. 2d 641 (Fla. 1976), the jury determined that speech must be enhanced to be considered disorderly conduct, such as shouting fire in a crowed movie theater, but a robust political discussion would not qualify unless one party starts a brawl or the words uttered are ‘fighting’ works. A disorderly conduct and disturbance attorney can restore your hope for the future with their skilled advocacy in Avalon Park.
Do not fear the very complex criminal justice system if you are charged with a second-degree misdemeanor for starting a brawl or harassing people on Church Street. The attorneys at The Umansky Law Firm have decades of experience defending people accused of every type of misdemeanor and felony recognized in Florida.
We are good at what we do, and we want to help you. You are entitled under the U.S. Constitution to legal representation when your freedom is at stake, and it is our privilege to advocate for you. Call an Avalon Park disorderly conduct and disturbance lawyer now so we can begin shaping your case
The Umansky Law Firm Criminal Defense & Injury Attorneys
