Disorderly conduct, often referred to as "breach of the peace," is a common charge in Florida that can encompass a wide range of behaviors. Understanding the relevant statutes, potential penalties, and common defenses is crucial for anyone facing this charge. This comprehensive guide will delve into these aspects, explain the criminal case process, and highlight why having an experienced attorney is essential.
Key Florida Statute and Relevant Statutes
Florida Statute 877.03 - Breach of the Peace; Disorderly Conduct
Florida Statute 877.03 defines disorderly conduct or breach of the peace as any act deemed to corrupt public morals, outrage the sense of public decency, affect the peace and quiet of persons who may witness them, or engage in brawling or fighting. This statute is intentionally broad, allowing law enforcement significant discretion in determining what constitutes disorderly conduct.
The statute reads as follows:
"Whoever commits such acts as are of a nature to corrupt the public morals, or outrage the sense of public decency, or affect the peace and quiet of persons who may witness them, or engages in brawling or fighting, or engages in such conduct as to constitute a breach of the peace or disorderly conduct, shall be guilty of a misdemeanor of the second degree."
This law covers a wide range of behaviors, from public intoxication and loud arguments to physical altercations and lewd acts. The broad nature of the statute means that it can be applied to many different situations, often depending on the judgment of the arresting officer.
Legal Definitions and Relevant Statutes
The legal definitions pertinent to disorderly conduct include:
- Breach of the Peace: Any act that disturbs public tranquility and order.
- Public Morals: Standards of behavior that are considered acceptable by the community.
- Public Decency: The societal norms regarding behavior in public spaces.
- Brawling or Fighting: Physical altercations in public places.
In addition to Florida Statute 877.03, other relevant statutes might include those pertaining to specific behaviors often associated with disorderly conduct, such as public intoxication (Florida Statute 856.011), and obstruction of public ways (Florida Statute 316.2045).
Potential Fines, Jail Time, Probation, and Other Potential Punishments and Consequences if Convicted
Disorderly conduct is classified as a misdemeanor of the second degree in Florida. The potential penalties for a conviction can vary based on the specifics of the case and the defendant's prior criminal record.
Fines
A conviction for disorderly conduct can result in a fine of up to $500. The amount of the fine can vary depending on the severity of the conduct and whether it is a first-time or repeat offense.
Jail Time
The maximum jail time for a second-degree misdemeanor like disorderly conduct is 60 days. However, the actual time served can depend on various factors, including the circumstances of the incident and the defendant's criminal history.
Probation
In lieu of or in addition to jail time, the court may impose probation. Probation conditions may include regular meetings with a probation officer, community service, participation in counseling or anger management programs, and restrictions on behavior and associations.
Other Consequences
A conviction for disorderly conduct can have several additional consequences, including a permanent criminal record. This can impact future employment opportunities, housing options, and professional licenses. In some cases, the court may also impose specific restrictions or orders, such as staying away from certain places or people involved in the incident.
The Criminal Case Process for Disorderly Conduct in Florida's Criminal Justice System
Navigating the criminal justice system in Florida for a disorderly conduct charge involves several steps, each with its own procedures and requirements.
Arrest and Initial Appearance
The process begins with the arrest, typically following the incident that led to the disorderly conduct charge. The individual is taken into custody and booked. The next step is the initial appearance, where the defendant is brought before a judge. During this hearing, the charges are formally read, and bail conditions are set. The judge may release the defendant on their own recognizance, set bail, or in some cases, deny bail.
Arraignment
At the arraignment, the defendant enters a plea of guilty, not guilty, or no contest. This stage is crucial as it sets the course for the rest of the case. If the defendant pleads not guilty, the case will proceed to the pre-trial phase. It is important to have legal representation at this stage to advise on the best course of action.
Pre-Trial Motions and Discovery
During the pre-trial phase, both the defense and prosecution engage in discovery, exchanging evidence and information pertinent to the case. Pre-trial motions may be filed to address specific legal issues, such as suppressing evidence obtained unlawfully or challenging the admissibility of certain testimonies. Effective legal representation is vital during this phase to ensure that the defendant's rights are protected and to build a strong defense.
Negotiations and Plea Bargaining
Many criminal cases are resolved through plea negotiations. An experienced attorney can negotiate with the prosecution to secure a favorable outcome, such as reduced charges or lighter sentences. This process requires careful negotiation and strategic decision-making to achieve the best possible result for the defendant.
Trial
If a plea agreement cannot be reached, the case proceeds to trial. During the trial, both sides present evidence and arguments before a judge or jury. The prosecution must prove the defendant's guilt beyond a reasonable doubt. The defense presents its case, challenging the prosecution's evidence and offering alternative explanations or defenses.
Sentencing
If the defendant is found guilty, the case moves to the sentencing phase. The judge considers various factors, including the severity of the offense, the defendant's criminal history, and any mitigating circumstances. Sentencing may include fines, jail time, probation, and other penalties.
Common Defenses Against Disorderly Conduct Charges in Florida
Several common defenses can be employed when facing a charge of disorderly conduct. These defenses require a thorough understanding of the law and the specifics of the case.
Lack of Evidence
One of the most straightforward defenses is to argue that there is insufficient evidence to prove that the defendant engaged in disorderly conduct. The prosecution must provide clear evidence that the defendant's behavior met the criteria outlined in the statute. If the evidence is weak or lacking, the charges may be dismissed.
Freedom of Speech
In some cases, the defense can argue that the defendant's actions were protected under the First Amendment's right to free speech. This defense is particularly relevant if the alleged disorderly conduct involved verbal expressions or public demonstrations. However, it is important to note that not all speech is protected, especially if it incites violence or panic.
Self-Defense
If the disorderly conduct charge arose from a physical altercation, the defense might argue that the defendant was acting in self-defense. This defense requires showing that the defendant reasonably believed they were in imminent danger and used only the necessary force to protect themselves.
Unlawful Arrest
A defense can be based on challenging the legality of the arrest. If the arresting officer did not have probable cause to believe that the defendant was engaging in disorderly conduct, any evidence obtained as a result of the arrest might be inadmissible in court.
Misidentification
In some cases, the defense can argue that the defendant was misidentified as the person who committed the disorderly conduct. This defense requires presenting evidence that someone else was responsible for the behavior in question.
FAQs About Disorderly Conduct in Florida
What constitutes disorderly conduct under Florida law?
Disorderly conduct, as defined by Florida Statute 877.03, includes acts that corrupt public morals, outrage public decency, disturb the peace, or involve brawling or fighting. The statute is broad and allows law enforcement significant discretion in determining what behavior qualifies.
What are the penalties for disorderly conduct in Florida?
A conviction for disorderly conduct is a second-degree misdemeanor, punishable by a fine of up to $500 and up to 60 days in jail. The court may also impose probation, community service, and mandatory participation in counseling or treatment programs.
Can disorderly conduct charges be expunged from my record?
In some cases, it is possible to have a disorderly conduct conviction expunged or sealed from your record. Eligibility depends on several factors, including the specifics of the case and the defendant's criminal history. An attorney can help determine eligibility and guide you through the process.
Is yelling in public considered disorderly conduct?
Yelling in public can be considered disorderly conduct if it disturbs the peace, incites violence, or meets other criteria outlined in the statute. However, not all yelling or loud behavior qualifies, especially if it is protected under the First Amendment.
Can I be arrested for disorderly conduct if I am drunk in public?
Yes, public intoxication can lead to a disorderly conduct charge if the behavior associated with intoxication meets the criteria outlined in Florida Statute 877.03. This can include acts that disturb the peace or involve brawling or fighting.
What should I do if I am arrested for disorderly conduct?
If you are arrested for disorderly conduct, it is important to remain calm and cooperate with law enforcement. Contact an experienced attorney as soon as possible to discuss your case and develop a defense strategy. Avoid making statements or admissions without legal counsel present.
Call Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation!
If you are facing a disorderly conduct charge in Florida, it is crucial to seek legal assistance promptly. Musca Law, P.A. has a team of experienced criminal defense attorneys with a proven track record of success in handling such cases. We offer free consultations 24/7/365 at 1-888-484-5057 and have 30 offices across the state to serve clients in all 67 counties in Florida. Protect your rights and your future by contacting Musca Law, P.A. today for expert legal representation.