Disorderly Conduct in Florida
For the most part, Disorderly Conduct is a catch-all crime used by law enforcement to arrest people who are acting unruly.
If accused of Disorderly Conduct, you need to know the:
Definition of Disorderly Conduct
The crime of Disorderly Conduct can be committed in one of two ways:
- Committing acts that
- Corrupt the public morals,
- Outrage the sense of public decency, or
- Affect the peace and quiet of persons who may witness them,
- Engaging in
- Brawling or fighting, or
- Other conduct that constitutes a breach of the peace
Penalties for Disorderly Conduct
The crime of Disorderly Conduct is a Second Degree Misdemeanor and if convicted of Disorderly Conduct, a judge can impose any combination of the following penalties:
- Up to sixty (60) days in jail.
- Up to six (6) months of probation.
- Up to $500 in fines.
Defenses to Disorderly Conduct
Generally, speech alone will not support a conviction for disorderly conduct. Exceptions to this general rule are "fighting words" or enhanced speech like shouts of "fire."
Fighting Words
Fighting words are those words likely to cause an average person to whom they are addressed to engage in fighting. [¹]
Enhanced Speech
Enhanced Speech refers to words like shouts of "fire." When analyzing enhanced speech, the courts focus on the delivery of the words. When the deliver is un-enhanced, the courts have consistently held that the speech will not support a conviction for disorderly conduct. [²]
Contact Criminal Defense Lawyer Richard Hornsby
If you have been arrested or charged with the crime of Disorderly Conduct in Orlando or Central Florida, please contact Criminal Defense Lawyer Richard Hornsby today.
The initial consultation is free and I am always available to advise you on the proper course of action that can be taken.