Disorderly Conduct

The Criminal Charge Most Abused By The Police: Disorderly Conduct

All to often, police in an effort to avenge what they believe to be personally disrespectful conduct – make an arrest for disorderly conduct. Such conduct may include:

• CURSING AT A POLICE OFFICER
• LOUD LANGUAGE DIRECTED AT A POLICE OFFICER
• QUESTIONING A POLICE OFFICER’S CONDUCT
• INAPPROPRIATE GESTURES

None of this conduct constitutes the crime of disorderly conduct unless committed with the mental state of “intent to cause public inconvenience, annoyance or alarm…”

IS THIS A PUBLIC PROBLEM?

The controlling word is PUBLIC. Too often police officers utilize the disorderly conduct statute to settle a private dispute without any reasonable possibility that the dispute will become a public problem. Unless conduct carries public ramifications a disorderly conduct charge is improper.

Examples of conduct which do not constitute disorderly conduct and yet have resulted in disorderly conduct arrests are:

1. A personal and momentary scuffle inside a dance club.
2. Noise emanating from one apartment into another.
3. Flag burning in public with no evidence that a crowd formed.
4. Public intoxication.
5. Acts that occur in private homes
6. A husband’s attempt to force his wife’s auto off the road with his auto swerving abruptly
7. Arguing with a police officer over the arrest of a friend.
8. Cursing at a police officer for not making a requested arrest.

If you have been charged with disorderly conduct of any criminal offense, contact my office at (914) 709-7161 to set up an appointment for a FREE consultation to discuss the entire matter.