What is Disorderly Conduct?
While not one of the most severe charges under New Jersey law, a conviction for disorderly conduct carries significant penalties including fines and jail time. There are many myths and misconceptions about what exactly constitutes disorderly conduct under state law.
At the Law Office of Matthew V. Portella, LLC, we make sure you understand your rights. In this article, our New Jersey criminal defense attorney provides an overview of disorderly conduct charges.
Disorderly Conduct in New Jersey Defined
One of the challenges of understanding disorderly conduct offenses is that the term is relatively broad. Under New Jersey law (N.J.S.A. 2C:33-2), there are two different categories of disorderly conduct. You could be charged with the offense on the grounds of:
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Improper Behavior
The New Jersey Criminal Code of Justice defines the term “improper behavior” as creating a public disturbance through “fighting or threatening, or in violent or tumultuous behavior.” Also, it could be causing a public disturbance by creating some form of “a hazardous or physically dangerous condition by any act which serves no legitimate purpose of the actor.”
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Offensive Language
The New Jersey Criminal Code of Justice defines disorderly conduct based on offensive language as purposely offending “the sensibilities of a hearer” through the public use of “unreasonably loud and offensively coarse or abusive language.”
Whether being brought based on improper behavior or offensive language, a disorderly conduct charge has a “public” element.
To be convicted of disorderly conduct in New Jersey, a defendant must have violated the statute in a public setting. The offense could but does not necessarily have to be committed outside. An apartment building, restaurant, or another place of business can qualify as a ‘public settling’ under the law.
The Penalties for Disorderly Conduct in New Jersey
In New Jersey, disorderly conduct charges are classified as petty disorderly person offenses. For reference, some other types of charges that fall into this same category include simple assault by engaging in mutual fighting and harassment.
All petty disorderly persons and disorderly person offenses should be taken seriously. The penalties for each are as follows:
- Petty Disorderly Persons Offenses:
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- Up to a $500 fine;
- Up to 30 days in jail;
- A term of probation; and
- Payment of restitution if the victim has suffered a loss.
- Disorderly Person Offenses:
- Up to a $1,000 fine;
- Up to 6 months in jail;
- A term of probation; and
- Payment of restitution if the victim has suffered a loss.
There are several different defenses to a disorderly conduct charge. In some cases, you may even be able to defend the charge on “free speech” grounds successfully. A New Jersey disorderly conduct lawyer can review the specific nature of the allegations raised against you and help you determine the right path forward.
Contact Our New Jersey Disorderly Conduct Defense Attorney Today
At the Law Office of Matthew V. Portella, LLC, our New Jersey criminal defense lawyer has the experience to defend you or your loved one against a disorderly conduct charge. Contact us today for your fully confidential consultation.
From our law office in Haddonfield, we provide criminal defense representation throughout Southern New Jersey, including in Atlantic County, Camden County, Gloucester County, Salem County, Burlington County, and Cape May County.