Facing a disorderly conduct charge is many people’s first introduction to New Jersey’s criminal justice system. While a disorderly conduct charge may seem relatively minor, a conviction could lead to fines and jail time—so it is well worth putting an experienced New Jersey disorderly conduct attorney on your side.
To be clear, you are not required to hire a lawyer to represent you. So, technically, you don’t need a lawyer for your disorderly conduct case. But, due to the risks involved—and the fact that the prosecutor assigned to your case will be fighting for a conviction—it is strongly in your best interests to seek experienced legal representation.
Understanding the Risks of Facing a Disorderly Conduct Charge in New Jersey
To illustrate the importance of hiring an attorney for your disorderly conduct case in New Jersey, we can examine the risks involved. Here are three key facts you should know about facing a disorderly conduct charge under New Jersey law:
1. Disorderly Conduct Charges Can Involve a Wide Range of Allegations
First, disorderly conduct charges can involve a wide range of allegations. In order to defend against your charge effectively, you will need to know the specific allegation (or allegations) against you. Under Section 2C:33-2 of the New Jersey Revised Statutes, disorderly conduct charges can be based on one (or more) of the following:
- Engaging in “improper behavior” (either fighting, making threats, or creating a dangerous situation with no legitimate purpose)
- Using “offensive language” in a public place
- Wearing a mask or disguise for the purpose of concealing your identity and causing fear
- Creating a disturbance at a public gathering
Even these are just examples. If you are facing multiple allegations, you will need to defend against all of these allegations in order to avoid a conviction.
2. Disorderly Conduct Charges Carry Fines and Jail Time
Second, as we mentioned above, disorderly conduct charges carry fines and jail time. Disorderly conduct is classified as a petty disorderly persons offense in New Jersey. This means that if you get convicted, the judge could sentence you to a $500 fine and 30 days in jail.
3. A Disorderly Conduct Conviction Can Have Other Serious Consequences
Finally, in addition to fines and jail time, a disorderly conduct conviction can have other serious consequences. For example, with a conviction on your record, you could find it more difficult to find a job. Depending on your personal circumstances, you could potentially face academic, professional, housing, and other challenges as well.
How an Experienced Defense Attorney Can Help with Your Disorderly Conduct Case
With these risks in mind, what can an experienced defense attorney do to help? If you are facing a disorderly conduct charge in New Jersey, some of the most important ways an experienced defense attorney will be able to help you include:
Determining the Allegations Against You
Your attorney will be able to examine the prosecution’s case against you in order to determine the specific allegations you are facing under Section 2C:33-2. Facing allegations of fighting is very different from facing allegations of making threats, and facing allegations of creating a dangerous situation is very different from facing allegations of creating a disturbance at a public gathering. Before you can build a defense strategy, you need to know what you're defending against.
Determining What Defenses You Have Available
After determining the allegations against you, your attorney will be able to determine what defenses you have available. While there are several potential defenses to disorderly conduct charges under New Jersey law, the defenses you have available will depend on: (i) the allegations against you, and (ii) the facts of your case.
With this in mind, some examples of defenses you may have available include:
- You lacked criminal intent or had a “legitimate purpose” for your actions
- You acted in self-defense or in defense of someone else
- You did not use “unreasonably loud and offensively coarse or abusive language”
- Prosecutors do not have sufficient evidence to meet their burden of proof
Again, these are just examples. Depending on the circumstances of your case, your defense attorney may be able to assert various other defenses on your behalf as well.
Determining if You Are Eligible for Conditional Dismissal
If this is your first time facing charges in New Jersey’s criminal justice system, you may be eligible for conditional dismissal. With a conditional dismissal, you can avoid having a disorderly conduct conviction on your record even if prosecutors have the evidence they need to prove your guilt beyond a reasonable doubt.
Your defense attorney can determine if you are eligible for conditional dismissal; and, if you are, your attorney can guide you through the process of seeking to avoid a criminal record. Since this may involve pleading guilty, a cautious and informed approach is required.
Fighting Your Disorderly Conduct Charge in Court (if Necessary)
If you are not eligible for conditional dismissal, your defense attorney can fight your disorderly conduct charge in court. Using the evidence (or lack of evidence) that is available, your defense attorney will argue that the prosecutor does not have the evidence needed to secure a conviction under Section 2C:33-2.
Helping You Avoid Costly Mistakes
Any time you are facing prosecution in New Jersey’s criminal justice system, there are several costly mistakes you need to avoid. If you aren’t careful, you could find yourself facing consequences that you could—and should—have avoided. Your defense attorney can explain what not to do while your case is pending, and your attorney will continue to advise you throughout the process.
Discuss Your Case with a New Jersey Disorderly Conduct Attorney in Confidence
Are you facing a disorderly conduct charge in New Jersey? If so, we strongly encourage you to contact us promptly so that we can help. To discuss your case with an experienced New Jersey disorderly conduct attorney in confidence as soon as possible, call 877-435-6371 or request a consultation online now.