Disorderly conduct is a broad legal term used to describe anything from making too much noise to fighting in public. Generally, the crime refers to any conduct that “disturbs public order.” Disorderly conduct is governed by Section 2917.11 of the Ohio Revised Code (ORC) and is penalized as a misdemeanor.
Disorderly Conduct Defense Attorney in Cincinnati
Disorderly conduct charges are often dismissed as a nuisance. Many people simply elect to pay the fine and move on. However, not all disorderly conduct charges are created equal, and they can stack up quickly. If you are charged with disorderly conduct, especially if you are facing jail time, you need to contact an experienced criminal defense attorney today.
You can schedule a call with a Cincinnati criminal defense lawyer a free case review with The Wieczorek Law Firm by calling us at (513) 317-5987 or completing an online contact form. The Wieczorek Law Firm serves the cities and counties of the Cincinnati area, including Hamilton County.
Overview of Disorderly Conduct Charges in Ohio
- Disorderly Conduct Defined
- Types of Disorderly Conduct
- Penalties
- Defenses Against Disorderly Conduct Charges
- Collateral Consequences
- Expungement of Disorderly Conduct Convictions
- Additionally Resources
- Hire a Lawyer for Disorderly Conduct in Hamilton County, Ohio
Disorderly Conduct Defined
Disorderly conduct in Ohio refers to behaviors that disturb public order, offend community standards, or pose a threat to the safety and well-being of others. The statute defines disorderly conduct in two key ways:
(A) No person shall recklessly cause inconvenience, annoyance, or alarm to another by doing any of the following:
And
(B) No person, while voluntarily intoxicated, shall do either of the following:
Types of Disorderly Conduct
There are many ways to be charged with disorderly conduct.
As reckless inconvenience, annoyance, or alarm:
(1) Engaging in fighting, in threatening harm to persons or property, or in violent or turbulent behavior;
(2) Making unreasonable noise or an offensively coarse utterance, gesture, or display or communicating unwarranted and grossly abusive language to any person;
(3) Insulting, taunting, or challenging another, under circumstances in which that conduct is likely to provoke a violent response;
(4) Hindering or preventing the movement of persons on a public street, road, highway, or right-of-way, or to, from, within, or upon public or private property, so as to interfere with the rights of others, and by any act that serves no lawful and reasonable purpose of the offender;
(5) Creating a condition that is physically offensive to persons or that presents a risk of physical harm to persons or property, by any act that serves no lawful and reasonable purpose of the offender.
As intoxication:
(1) In a public place or in the presence of two or more persons, engage in conduct likely to be offensive or to cause inconvenience, annoyance, or alarm to persons of ordinary sensibilities, which conduct the offender, if the offender were not intoxicated, should know is likely to have that effect on others;
(2) Engage in conduct or create a condition that presents a risk of physical harm to the offender or another, or to the property of another.
(C) Violation of any statute or ordinance of which an element is operating a motor vehicle, locomotive, watercraft, aircraft, or other vehicle while under the influence of alcohol or any drug of abuse, is not a violation of division (B) of this section.
(D) If a person appears to an ordinary observer to be intoxicated, it is probable cause to believe that person is voluntarily intoxicated for purposes of division (B) of this section.
Some examples of disorderly conduct include:
Public Protest
A peaceful protest that disrupts traffic but does not involve violence may lead to disorderly conduct charges. However, First Amendment protections often play a critical role in these types of cases.
Bar Altercation
A heated argument at a bar escalates into a fight, resulting in charges of disorderly conduct for all parties involved.
Student Prank
A college student sets off a fire alarm as a prank, causing panic and evacuation. This act could be charged as disorderly conduct and potentially lead to a more serious charge depending on the consequences.
Penalties
Disorderly conduct in Ohio is generally categorized as a minor misdemeanor. However, certain aggravating factors can elevate the charge to a more serious offense.
- Minor Misdemeanor:
- Unless otherwise specified, disorderly conduct charges default to this classification.
- Punishable by a fine of up to $150.
- No jail time is typically associated with minor misdemeanors.
- Fourth-Degree Misdemeanor:
- Applies when disorderly conduct involves a risk of harm to others, public intoxication, or occurs near a school or in the presence of minors, or as part of a riot.
- Punishable by up to 30 days in jail and fines up to $250.
- Repeat Offenses:
- Three prior convictions under disorderly conduct charges results in a fourth-degree misdemeanor.
Defenses Against Disorderly Conduct Charges
Because of the often subjective nature of many disorderly conduct charges, sometimes the best defense is simply to challenge the charge. However, there are several specific defenses associated with disorderly conduct charges.
- Freedom of speech/expression: If the neighbors lodge a noise complaint, while you’re hosting a party, you might be hit with a disorderly conduct charge. Additionally, if you participate in a protest, you may risk being labeled as a rioter, depending on the circumstances. In both these scenarios, you may be able to argue that your speech falls under the first amendment.
- Self-Defense: If you were involved in a fight, a lazy officer may simply charge both you and the other person with disorderly conduct. Your attorney could then argue for dismissal, under the grounds of self-defense, if applicable.
- No Warning: Generally, police officers are required to provide a warning before arresting you (Ohio Stat. 2917.11(E)(a). However, if the conduct occurs in the presence of an officer or a school zone, the officer is not necessarily required to provide any warning to desist from the action.
Collateral Consequences
Some disorderly conduct charges, such traffic violations as a result of inebriation, may result in a suspension of your driver’s license. For more information on driver’s license suspensions and how to fight them, visit our page here.
Expungement of Disorderly Conduct Convictions
Ohio law allows for the expungement of certain disorderly conduct convictions, particularly if the offense was a minor misdemeanor. Expungement removes the conviction from public records, providing a fresh start. The process involves:
- Eligibility:
- You must have completed their sentence and waited the required period, typically one year, before applying for expungement.
- Application:
- Filing a formal petition with the court where the conviction occurred.
- Hearing:
- Attending a court hearing where a judge evaluates the petition and determines eligibility for expungement.
Additionally Resources
- Ohio Revised Code Section 2917.11 – This section of the Ohio Revised Code defines disorderly conduct, outlining prohibited behaviors and associated penalties. It serves as the primary legal reference for understanding what constitutes disorderly conduct in Ohio.
- Ohio Disorderly Conduct Laws – This resource offers an overview of Ohio’s disorderly conduct laws, including examples of actions that may lead to charges and potential legal consequences. It provides context and interpretation to help individuals comprehend the practical applications of the law.
Hire a Lawyer for Disorderly Conduct in Hamilton County, Ohio
Disorderly conduct laws in Ohio are intentionally broad to cover a wide range of behaviors. However, this vagueness also means that there are a lot of unjust convictions.
You can schedule a call with a Cincinnati criminal defense lawyer a free case review with The Wieczorek Law Firm by calling us at (513) 317-5987 or completing an online contact form. The Wieczorek Law Firm serves the cities and counties of the Cincinnati area, including Hamilton County.