Disorderly Conduct and Disorderly Intoxication Attorney

Penalties for Disorderly Conduct and Disorderly Intoxication

Both Disorderly Conduct and Disorderly Intoxication in Florida are second-degree misdemeanors, with the following penalties:

• Up to 60 days in jail or 6 months of probation
• $500 fine
• Conviction of a crime on your criminal record

Although these penalties represent the statutory maximum available for the charge, they don’t reflect the sentences for most cases. For most first-time offenders, a permanent criminal record is likely to be the most worrying consequence. The exception is that jail time is realistic if you were disrespectful towards police or if you endangered the public.

Defenses for Disorderly Conduct in Florida

Disorderly Conduct is one of Florida’s most defendable charges.

The First Amendment

Words are usually insufficient enough for a conviction. The First Amendment to the United States Constitution protects all forms of free speech, including profanity. However, if the situation involved physical harm or endangered the public, this defense may not be valid.

For example (CP v. State), in 1994, an individual was charged for Disorderly Conduct having shouted profanity at a police officer. There was insufficient evidence for a conviction because the defendant’s language did not constitute “fighting words”. Just because the words were spoken loudly did not elevate his actions to disorderly conduct.

Loudness and Annoyance

Being ‘annoying’ is rarely sufficient enough for a conviction for Disorderly Conduct in Florida. For example (Miller v. State), in 2001 a defendant’s loud yelling and aggression were insufficient for a conviction because there was no evidence that her actions were anything more than irritating.

Self Defense

Self-defense might apply if you didn’t start the fight. This is commonly used in fighting or brawling cases. If your Disorderly Conduct attorney can show evidence that the defendant was acting in self-defense, there might be a way to get the case dismissed.

For example, in 2006 (SDG v. State), a defendant’s charges were dropped when witnesses backed up his claims that he had fought off another person in front of a police officer, as he had been attacked first.

Defenses to Disorderly Intoxication in Florida

Depending on the circumstances, there are many routes a Disorderly Intoxication attorney in Pinellas County can take for defense. These include:

First Amendment

You don’t lose your rights to free speech just because you have been drinking.

Therefore, only ‘fighting words’ or words that endanger others can support a conviction.

The Incident Wasn’t In a Public Place.

If you’re charged with disorderly intoxication, then the incident must have occurred in a ‘public place.’ In Florida, that’s a place where the general public has the right to be. Some examples are at a park, a bar, parking lot, or sidewalk.

If the incident occurred at a house party or on your front porch, then there might be a defense.

You Weren’t Intoxicated.

One of the most common defenses to Disorderly Intoxication in Florida is that you weren’t intoxicated. Remember, this isn’t a DUI case where they make you perform tests. Evidence is required that you were impaired, not just an officer’s subjective opinion.

You Didn’t Endanger The Public.

There must be evidence that the defendant actually endangered the public. For example, by threatening people, falling into the road, or throwing dangerous objects.

Many cases were dropped if the defendant was charged for simply shouting, flailing their arms or smelling of alcohol.

Show Responsibility

If you know that you drank too much and did something wrong, it’s always best to take a proactive approach. Show the judge that you are working to improve your drinking habits. There are thousands of people every year in Florida facing these charges, so you need to set yourself apart from the rest to win some leniency. For example, maybe you go to AA or see a counselor and show proof.