New Jersey Disorderly Conduct Lawyer
Disorderly conduct is a criminal offense in New Jersey. While it might seem like a relatively minor criminal offense, having any type of record can negatively impact many aspects of your life. As a result, you need to take your case seriously, and you should talk to a New Jersey disorderly person's attorney as soon as possible.
What Constitutes Disorderly Conduct in New Jersey?
The crime of disorderly conduct is defined in Section 2C:33-2 of the New Jersey Statutes. It can involve either “improper behavior” or “offensive language.”
Improper Behavior
You can be convicted of disorderly conduct based on improper behavior if, “with the purpose to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof,” you:
- Get in a fight, make a threat, or engage in other “violent or tumultuous behavior;” or,
- Create a “hazardous or physically dangerous condition” that serves no legitimate purpose.
What does this mean? Besides getting into a fight or making threats, other forms of conduct that can be prosecuted as disorderly conduct in New Jersey include ignoring instructions from a police officer, smoking where prohibited, interfering with traffic, and damaging public property. Based on the circumstances involved, such acts could also potentially lead to other criminal charges.
Offensive Language
You can be convicted of disorderly conduct based on the offensive language if you use “unreasonably loud and offensively coarse or abusive language, given the circumstances,” in a public place and with the purpose of offending someone else. This may involve shouting obscenities, but it can include verbal altercations, insults, or racist or sexist language.
A key element of either type of disorderly conduct charge is that the conduct at issue must take place or impact the public in some way. Areas that are considered “public” under New Jersey’s disorderly conduct statute include (but are not limited to) highways, transport facilities, schools, prisons, apartment buildings, businesses, stadiums, and amusement parks, entertainment venues, and neighborhoods.
What Are the Penalties for Disorderly Conduct in New Jersey?
Disorderly conduct is classified as a petty disorderly person's offense under New Jersey law. This means that it carries up to a $500 fine and 30 days in jail.
What Are the Other Consequences of a Conviction?
In addition to a fine and possible jail time, a disorderly conduct conviction may also result in assessments to the Safe Neighborhood Service Fund and the Victim of Crime Compensation Board. The judge may also order restitution. If you were in your vehicle at the time of the arrest (i.e., if you were charged with disorderly conduct for yelling at a police officer during a traffic stop), you could lose your driver’s license for up to two years. With a disorderly conduct conviction on your record, you can face challenges with regard to finding a job and/or an apartment, obtaining child custody, and various other matters as well.
Potential Defenses to Disorderly Conduct Charges in New Jersey
The defenses you can use to fight a disorderly conduct charge in New Jersey depend on the specific circumstances of your case. This includes, but is not limited to, whether you are being charged with disorderly conduct based on “improper behavior” or “offensive language.”
Once you hire a New Jersey disorderly conduct attorney to represent you, your attorney will be able to assess the circumstances of your case to determine what defenses he or she can assert on your behalf. With this in mind, some examples of potential defenses to disorderly conduct charges in New Jersey include:
- Lack of “Purpose” (or Intent) – Both types of disorderly conduct charges require proof that the defendant acted either recklessly or with the “purpose” to commit the alleged offense. If you are being accused of acting with “purpose,” this means that prosecutors must be able to prove your intent at trial. If prosecutors cannot prove that you had the requisite mental state for criminal culpability, then a conviction is unwarranted.
- A “Legitimate Purpose” for Your Actions – In cases involving allegations of “improper behavior,” one way prosecutors can secure a conviction is by showing that the defendant had no “legitimate purpose” for his or her actions. As a result, if you can show that your actions had a legitimate purpose, this could be enough to avoid a conviction.
- No “Unreasonably Loud and Offensively Coarse or Abusive Language” – In cases involving allegations of “offensive language,” prosecutors must be able to show that the defendant used “unreasonably loud and offensively coarse or abusive language, given the circumstances . . . and the setting.” What is unreasonable, offensive, or abusive in any particular scenario is not precisely defined, so challenging any one or more of these elements of your disorderly persons charge could be a viable defense in this scenario.
- Inability to Meet the Prosecution’s Burden of Proof – As with all criminal charges in New Jersey, prosecutors must be able to prove that you engaged in disorderly conduct beyond a reasonable doubt. This is the prosecution’s burden of proof. If prosecutors cannot meet their burden of proof, you are entitled to walk free.
- Inadmissible Evidence Due to Constitutional Violations – Even if prosecutors have the evidence they need to meet their burden of proof, they may not be able to use their evidence if it was obtained in violation of your constitutional rights. An experienced New Jersey disorderly conduct attorney will be able to determine if you have grounds to assert any constitutional violations in your case.
Again, these are just examples. Depending on the allegations against you and the facts at hand, you may be able to assert other defenses as well. Once you hire an experienced New Jersey disorderly conduct attorney to represent you, your attorney will be able to assess all potential defenses and help you make an informed decision about how best to proceed.
Talk to Our Experienced Law Firm Today
If you are facing a disorderly conduct charge in New Jersey, you should speak with a lawyer right away. To schedule an appointment with a New Jersey disorderly conduct lawyer at Helmer, Conley & Kasselman, P.A., call 877-435-6371 or contact us online now.
Q&A with an Experienced New Jersey Disorderly Conduct Attorney
What is the role of intent or recklessness in a disorderly conduct charge?
Under New Jersey’s disorderly conduct law, prosecutors must be able to prove that a defendant acted either intentionally or recklessly in order to secure a conviction. Even if you engaged in conduct or used language that falls under New Jersey’s disorderly conduct law, if you did not do so intentionally or recklessly, you do not deserve to be convicted of a crime.
Can a disorderly conduct charge be expunged from my record in New Jersey?
Disorderly conduct charges are generally eligible for expungement in New Jersey, as long as you do not have too many convictions on your record. In most cases, disorderly conduct charges become eligible for expungement five years after you have served your sentence, although it is possible to file for expungement after three years if you can show “good cause.”
What immediate steps should I take if I've been charged with disorderly conduct?
If you have been charged with disorderly conduct in New Jersey, you should talk to an experienced defense attorney promptly. Along with possible fines and jail time, you could be facing a variety of other consequences, and an experienced defense attorney will be able to help you fight to avoid these consequences by all means available.
What is the difference between a petty disorderly persons offense and a disorderly persons offense in New Jersey?
Petty disorderly persons offenses carry up to 30 days in jail and a $500 fine, while disorderly persons offenses carry up to six months in jail and a $1,000 fine. Disorderly conduct is classified as a petty disorderly persons offense in New Jersey.
