Arrested for an Incident of Public Intoxication in New Jersey? Contact Us Today for Immediate Help
At the Law Office of Matthew V. Portella, LLC, our New Jersey public intoxication defense lawyer has more than three decades of experience providing solutions-focused, personalized advocacy to clients. Although public intoxication is not a standalone criminal charge in New Jersey, it could potentially play a role in a disorderly conduct offense. Our team helps clients solve problems. If you or your loved one was arrested in relation to a public intoxication incident, we are here to help. Contact our New Jersey defense lawyer today for help with a public intoxication case.
Public Intoxication is Not (By Itself) a Crime in New Jersey
In some jurisdictions, public intoxication is a crime in and of itself. However, that is not the case in New Jersey. In our state, public intoxication—with no other factors—is not a criminal act. To be clear, public intoxication is also not a disorderly persons offense. In New Jersey, misdemeanors are referred to as “disorderly persons offenses.” The category includes crimes—such as public intoxication—that might elsewhere be classified as misdemeanors
Notably, New Jersey law also explicitly prevents municipalities from criminalizing public intoxication at the local level. Under New Jersey law (N.J.S.A. § 26:2B-26), “no county, municipality, or other political subdivision” has the authority to render “public intoxication or being found in any place in an intoxicated condition an offense.” In other words, local governments are prohibited from enacting ordinances that would criminalize public intoxication.
An Overview of Disorderly Conduct Offenses in New Jersey
While public intoxication itself is not a criminal offense, certain behaviors exhibited while under the influence can lead to a charge of disorderly conduct. Disorderly conduct charges are often levied when a person’s actions are deemed to cause public inconvenience, annoyance, or alarm. Under N.J.S.A. § 2C:33-2, a prosecutor must prove that one of the two following things occurred while the defendant was in a public place:
- Improper Behavior: A disorderly conduct charge may be brought against a person found guilty of engaging in fighting, threatening, violent, or tumultuous behavior that purposely causes or recklessly creates a risk of public disturbance.
- Offensive Language: A charge could also be brought against a person who uses unreasonably loud and offensively coarse or abusive language in a public place—with the intent to offend the sensibilities of a hearer or in reckless disregard for the public.
Disorderly conduct in New Jersey is classified as a “petty disorderly persons offense” for actions involving offensive language and as a “disorderly persons offense” for more severe behavior such as physical altercations. Penalties can include fines, community service, and potentially imprisonment.
Your Defenses Against a Disorderly Conduct Offenses for Intoxication
You have the right to defend yourself against any charge, including a disorderly conduct offense related to alleged public intoxication. Some of the potential defense options include:
- Lack of Intent: Since disorderly conduct requires the intent to cause public inconvenience, annoyance, or alarm, or reckless disregard of the likelihood of causing such effects, demonstrating that your actions were not intentional or reckless can be a viable defense. Though being too intoxicated to make good decisions is not a viable defense.
- Freedom of Expression: For charges related to offensive language, a defense could be based on the First Amendment. If the language used falls under protected speech, this defense argues that the expression should not be considered criminally offensive.
- Mistaken Identity or Other Factual Dispute: Finally, in cases where the circumstances of the incident are unclear, you might argue that you were not the individual causing the disturbance or that the reported behaviors were exaggerated or misinterpreted.
Why Trust New Jersey Criminal Defense Lawyer Matthew V. Portella
Facing any type of disorderly persons offense is stressful and confusing. Whether it is a disorderly conduct charge or any other type of allegation, you need experienced legal counsel. Matthew V. Portella, Esq. has the knowledge and expertise that you can trust. We take a creative, disciplined approach to every case—with a focus on protecting the rights of clients and helping them find the best solution. Along with other things, our New Jersey criminal defense attorney is ready to:
- Conduct a fully confidential review of the public intoxication case;
- Investigate the allegations—gathering all relevant evidence and information; and
- Develop a comprehensive strategy to help you secure the best outcome for your future.
Contact Our New Jersey Public Intoxication Defense Attorney Today
At the Law Office of Matthew V. Portella, LLC, our New Jersey public intoxication defense lawyer has the experience you can rely on. If you or your loved one was charged with disorderly conduct for public intoxication, we can help. Contact us today for your confidential, no obligation consultation. With an office in Haddonfield, we defend criminal defense charges throughout all of New Jersey.