Disorderly Conduct Violations in New York State
Disorderly conduct is considered a violation in the state of New York, not a crime. A violation is an offense, other than a traffic violation, for which a summons is issued. In most instances of disorderly conduct, those cited are more upset or concerned as to whether the facts and circumstances of their case truly give rise to a disorderly conduct violation. If you or someone you know received a citation for disorderly conduct, do not plead guilty without speaking with an attorney.
What is a disorderly conduct offense?
In New York, many different actions can result in a summons for disorderly conduct. The reason for this is that New York’s penal laws governing disorderly conduct is intended to prevent conduct that causes or recklessly creates a risk of causing a public inconvenience, annoyance, or alarm. In accordance with that intent, the law prohibits the following acts:
- Fighting, violent, and tumultuous behavior;
- Unreasonable noise;
- Abusive or obscene language, as well as obscene gestures;
- Disturbing meetings and other lawful gatherings;
- Obstructing vehicle or pedestrian traffic;
- Failing to obey police instruction to disperse from a public place or location; or
- Creating a physically offensive or hazardous condition without having a legitimate purpose for doing so.
Problems with Disorderly Conduct Citations
The statute regarding disorderly conduct is intentionally broad. The problem, however, is an individual does not really know what actions can give rise to a disorderly conduct violation. Some examples of conduct that may give rise to an offense include:
- Talking too loudly with a friend or another third party;
- Cursing in public;
- Displaying your middle finger to a third party in public;
- Parking a vehicle in a crosswalk;
- Double parking; and
- Talking back to a law enforcement officer.
In reality, a disorderly conduct offense can result from just about any action. They are commonly cited to individuals leaving bars, clubs, and sporting events. Sometimes, disorderly conduct encompasses innocent behavior which may cause public annoyance or alarm such as rough housing and shouting.
Contact an Attorney Today
Before entering into a guilty plea for disorderly conduct, contact Phillip J. Murphy, Attorney at Law. He will look at the facts and circumstances of your case to determine what available options exist and develop a strategic plan for your matter.
Entering into a guilty plea could result in a variety of consequences. The penalties for a disorderly conduct offense include a maximum of 15 days in jail and a maximum fine of $250.00. However, in most instances, it is unlikely for a violation to result in jail time. Instead, more clients are concerned with the possibility of having a public record. This is another benefit to challenging a disorderly conduct offense. Attorney Murphy will defend your cause and attempt to obtain a solution that fits your needs. Contact us in Rockland or Bergen County today for an initial consultation.