A disorderly conduct summons is extremely broad, encompassing a range of offenses involving the public. Typical disorderly conduct charges are fighting, rioting, yelling, or screaming obnoxious, loud obscenities in public. The law is in place to prevent significant public disturbances. The New Jersey legislature purposely made the statute broad because they wanted to give law enforcement and prosecutors discretion in determining what is and isn’t considered disorderly conduct. The lawmakers did not want to narrowly conclude that only fighting or yelling constituted disorderly conduct, because other actions that cause public annoyance would not be included.
Due to the broad nature of the law, a disorderly conduct charge can originate from something as minor as yelling on a street to something as major as a full-fledged riot. The one thing that all disorderly conduct charges have in common is that they must be taken seriously. If an individual is convicted of such a charge, they can potentially face up to six months in prison, heavy fines, or community service. A conviction will also be permanently recorded as a criminal record. Anyone charged with such an offense must seek representation from an experienced Municipal Court attorney familiar with New Jersey Disorderly Conduct laws to ensure their rights are protected and their interests are represented.
CALL FREDRICK P. NIEMANN, ESQ., A NJ MUNICIPAL COURT ATTORNEY AT (732) 863-9900 OR EMAIL HIM AT FNIEMANN@HNLAWFIRM.COM TODAY.
What Actions are Considered Disorderly Conduct?
All disorderly conduct actions deal with conduct that disrupts the peace in public areas. The law encompasses both physical and verbal actions, making it extremely broad. The specific statute states:
Improper Behavior. A person is guilty of [disorderly conduct] if, with the purpose to cause public inconvenience, annoyance, or alarm, or recklessly creating a risk thereof, he
- Engages in fighting or threatening, or in violent or tumultuous behavior; or
- Creates a hazardous or physically dangerous condition by any act that serves no legitimate purpose of the actor.
Offensive Language. A person is guilty of [disorderly conduct] if, in a public place, and with the purpose to offend the sensibilities of a hearer or in reckless disregard of the probability of so doing, he addresses unreasonably loud and offensively coarse or abusive language, given the circumstances of the person present and the setting of the utterance, to any person present.
“Public” means affecting or likely to affect persons in a place to which the public or a substantial group has access; among the places included are highways, transport facilities, schools, prisons, apartment houses, places of business or amusement, or any neighborhood.
Disorderly conduct laws in New Jersey are focused on maintaining the peace. Any physical act or language that threatens or offends others in a public area can generally be considered disorderly conduct. This may include, but is not limited to, fighting, rioting, engaging in other violent behavior, and yelling obscenities or other offensive language in public areas such as parks, schools, etc. One critical element to remember is that the action must have occurred in a public area; otherwise, there is no violation of New Jersey law.
What Must a Prosecutor Show for a Defendant to Be Found Guilty of Disorderly Conduct?
For you to be convicted of disorderly conduct, the prosecution must prove several things beyond a reasonable doubt. Since disorderly conduct charges can arise only from actions in public, the prosecutor must show that the setting was a public area. They must also show that the defendant either intended to disturb the public crowd or recklessly committed the act, meaning they did so without regard to the consequences. Accidental actions done in a non-reckless manner are not subject to a disorderly conduct charge.
Next, the prosecution must show that the defendant engaged in disorderly conduct by behaving improperly or using foul language. When the trial is attempting to obtain a conviction based on improper behavior, they must show the defendant “engaged in fighting or threatening, or in violent or tumultuous behavior,” or “created a hazardous or physically dangerous condition by an act which serves no legitimate purpose. This improper behavior part of the statute is meant to encompass physical acts, whereas the offensive language section covers verbal acts. The offensive language section is also broad, stating that unreasonably loud, offensive language is considered disorderly conduct if said in a public setting. Whether the language and tone amount to criminality depends on the people present and the setting, meaning this is determined on a case-by-case basis. The broadness of both sections of the law allows the prosecutor a lot of discretion in making a case against you. You must have an experienced Municipal Court attorney who is familiar with the specifics of Disorderly Conduct laws and can defend you against such a broad statute.
What Penalties Will a Defendant Be Subject to if Convicted of Disorderly Conduct?
Along with a permanent criminal record, a Disorderly Conduct conviction can carry harsh penalties. If you are found guilty, you may be ordered to pay fines of over $1000, as well as other costs and charges. You may be required to complete hours of community service and may also be sentenced to time in prison. However, as with all trials held in Municipal Court, the maximum prison sentence is six months. Regardless of the significance of the crime, it is essential to seek representation from a qualified Municipal Court Attorney to defend you against a Disorderly Conduct charge.
Arguably, the most significant penalty involved with a Disorderly Conduct conviction is a permanent criminal record. Being convicted of a crime will result in a defendant being branded with a permanent criminal record stating their conviction. This record will be visible to employers, schools, and many others, whom you do not want to see this information displayed. Having a conviction for Disorderly Conduct on your record can hurt your chances of obtaining a professional license, getting a job, or getting into the school you want. Defendants must realize the significance of a criminal record and avoid convictions at all costs. For this reason, defendants must hire a knowledgeable Municipal Court lawyer to defend them against such charges.
CONCLUSION
Fredrick P. Niemann Esq.
New Jersey Disorderly Conduct laws are broad and allow police officers discretion in making arrests. Prosecutors often seek to exploit the law’s vague language to convict defendants. It is essential to have an experienced Municipal Court attorney by your side to defend you against the prosecution’s case, negotiate a plea deal, or do whatever is in your best interest. Please get in touch with Fredrick P. Niemann, Esq. today at (732) 863-9900 or email him at fniemann@hnlawfirm.com. He wants to meet with you privately and confidentially to discuss your disorderly conduct matter.