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TAMPA, FLORIDA DISORDERLY CONDUCT ATTORNEY
Experienced Criminal Defense Lawyer for Breach of Peace and Disorderly Conduct Charges in Tampa, FL
Due to its broad definition, disorderly conduct is a rather common criminal charge in Florida. However, its definition also leaves a lot of room for interpretation, especially by law enforcement. This allows police to abuse their position of power and wrongfully arrest people for acts that are protected by free speech or should not constitute “breaching the peace.”
If you have been accused of disorderly conduct, it’s incredibly important that you hire an experienced Florida disorderly conduct attorney to handle your case and provide you with a strong defense. At Buda Law, we stand ready to provide you with the legal representation you deserve, protecting your rights and advocating for your future.
Our criminal defense attorneys in Tampa provide meticulous detail to each case, ensuring that every weakness in the prosecution’s argument is exploited. Don’t let your reputation and your future fall through the cracks–an experienced attorney can help you fight for the best possible outcome in your case.
Facing disorderly conduct charges? Call our law firm at 813-322-2832 or contact us online to arrange a free consultation with a member of our team today.
What is Considered Disorderly Conduct?
Disorderly conduct involves actions that disrupt public order or safety, such as fighting, excessive noise, or unruly behavior in public. This is a criminal offense and can result in misdemeanor penalties, such as jail time and fines.
Florida Statutes 877.03 – Breach of the Peace; Disorderly Conduct
In Florida, disorderly conduct, also referred to as “breaching the peace,” is defined under F.S. § 877.03. It includes acts that corrupt public morals, outrage public decency, disturb the peace and quiet of others, or involve brawling or fighting. Under Florida law, such conduct can result in second-degree misdemeanor penalties.
Elements of Disorderly Conduct
Disorderly conduct includes specific actions that disrupt public order or decency. The following elements are outlined in Florida Statute 877.03:
- Engaging in acts that corrupt public morals (are shocking and offensive)
- Committing actions that outrage the sense of public decency (are generally considered indecent)
- Disturbing the peace and quiet of others
- Participating in brawling or fighting
- Engaging in conduct that otherwise constitutes a breach of the peace
Most disorderly conduct laws are vague and barely define what is to be considered a prohibited action, and Florida is no exception. Elements such as “corrupting public morals,” “outraging public decency,” and “disrupting the peace” are very subjective and open to interpretation, making it difficult to definitively determine what constitutes disorderly conduct in Florida.
Examples of Disorderly Conduct in Florida
Disorderly conduct can take many forms, depending on the circumstances. Such acts include:
- Public fighting or physical altercations.
- Yelling or causing excessive noise in public areas.
- Using obscene language or gestures in a way that disturbs others.
- Blocking traffic or impeding pedestrian movement.
- Disrupting public events or gatherings.
Is Screaming in Public Illegal?
Screaming in public may be illegal in Florida if it disrupts the peace, affects public decency, or disturbs others’ quiet enjoyment of public spaces. Whether or not it results in charges, however, will depend on the time, place, and impact of the noise.
Is Cursing in Public Disorderly Conduct?
Similarly, cursing in public can be considered disorderly conduct in Florida if it is loud, disruptive, or particularly offensive and crass. However, it’s important that the cursing meets the requirements for disorderly conduct, and could “corrupt public morals” or disrupt the peace of others.
What are the Penalties for Disorderly Conduct in Florida?
In Florida, disorderly conduct is classified as a second-degree misdemeanor. As such, a disorderly conduct conviction could result in punishments such as up to 60 days in jail, a fine of up to $500, or both. Additionally, a criminal conviction can result in other consequences, such as difficulties obtaining housing or employment, damage to your reputation, and a permanent criminal record, among others.
Aggravating Factors That May Enhance Disorderly Conduct Penalties
Disorderly conduct often overlaps with other actions, such as minor assaults or public indecency, which could result in additional criminal charges and penalties. For example, if disorderly conduct involves physical violence, it could result in charges like assault or battery in Florida.
Similarly, disrupting traffic or refusing to disperse during a protest may lead to charges such as unlawful assembly or resisting an officer. If the act involves incredibly indecent behavior in front of a minor, it could result in lewd and lascivious behavior charges.
Do I Need a Criminal Defense Lawyer for Disorderly Conduct Charges?
Having a criminal defense lawyer is one of the best things you can do for yourself and your case. While this statute is designed to help law enforcement regulate conduct and maintain the peace, the vague wording of Florida’s disorderly conduct statute can sometimes lead to misuse.
A police officer may arrest someone for actions that may not truly breach the peace, such as peacefully protesting or using offensive language protected under free speech laws. Luckily, a skilled criminal defense attorney can challenge these allegations by demonstrating that the accused’s actions were lawful and did not meet the statute’s criteria.
Finding the best criminal defense attorney for your disorderly conduct case can be difficult, but it’s important to find one with the experience and knowledge necessary to defend you and your rights. At Buda Law, our firm is led by a former prosecutor turned experienced criminal defense attorney. With his experience on both sides of the courtroom, Andrew Buda can help ensure that your case effectively combats the prosecution’s strategy.
The lawyers at our firm offer personalized representation tailored to each unique case, so we can ensure that every aspect of your disorderly conduct case is covered. We also prepare every case as if it’s going to trial, ensuring you have a strong defense from start to finish. With our dedication and courtroom experience, you can trust us to fight for the best possible outcome.
Potential Defenses Against Disorderly Conduct Charges
Due to the wide interpretation available under this statute, there is an equally wide variety of defenses available to fight against disorderly conduct charges. However, the defenses applicable to each case will depend on the context of the alleged disruptive action and the circumstances of the arrest.
Some of the potential defenses to disorderly conduct in Florida include:
- The actions were protected under the First Amendment
- The conduct did not meet the legal definition of disorderly conduct
- The accusations were based on false or exaggerated claims
- The individual was acting in self-defense
- The arrest was made without probable cause
- The prosecution’s evidence is insufficient
A skilled criminal defense attorney like those at Buda Law will be able to evaluate your situation and develop a strong defense for your disorderly conduct case.
Facing Disorderly Conduct or Breach of Peace Charges? Call Tampa Criminal Attorney Andrew Buda ASAP
A disorderly conduct or breach of peace charge in Florida can have serious consequences on your life and future, forcing you to face fines, potential jail time, and a lasting mark on your record. These accusations often arise from misunderstandings or overreactions, but they still require a strong and strategic defense.
That’s where Andrew Buda, a seasoned Tampa criminal defense attorney, comes in. With his background as a former prosecutor, Andrew understands how the other side builds its case and uses this insight to craft a defense that works for you.
At Buda Law, we are committed to protecting your rights and ensuring your side of the story is heard. We take a personalized approach to every case, analyzing the evidence and preparing a defense strategy tailored to your situation. Whether it’s fighting to have charges reduced or dismissed or preparing for trial, we are ready to stand by you every step of the way.
Don’t let a disorderly conduct charge define your future. Contact our law firm at (813) 322-2832 or contact us via our online contact form to schedule a free consultation with us today.
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