Orlando Disorderly Conduct Lawyer
Being charged with disorderly conduct or public intoxication might not seem life-changing, but it could be, especially if this is your first offense. While you may avoid some of the more severe penalties associated with these crimes, you will have a criminal record that could be embarrassing when applying for jobs or educational opportunities.
Don’t just take disorderly conduct charges lying down. Orlando disorderly conduct attorney Rahul Parikh can protect your legal rights. Call today to fight public drunkenness or public disturbance allegations.
Disorderly Conduct Offenses in Orlando
There are several crimes that police use to charge drunk and disorderly defendants:
Under FSS 877.03, it is illegal to commit an act of a nature to corrupt public morals, outrage the sense of public decency, or affect the peace and quiet of persons who may witness them. The statute goes on to state that fighting and brawling are also illegal. Additionally, disorderly conduct is a second-degree misdemeanor in Florida.
FSS 856.01 prohibits any person from intoxication and causing a disturbance in a public place or on a public conveyance. Disorderly intoxication is a second-degree misdemeanor in the state of Florida.
FSS 800.03 makes it illegal to expose one’s sex organs in a public place. While many people consider these criminal offenses sex crimes, there are times when an intoxicated individual may intentionally or inadvertently expose themselves in a manner that offends public decency. For example, it could happen in the event of public urination. Such acts are categorized as first-degree misdemeanors in Florida.
Quite a few factors can affect your charges. In many cases, the police respond to disorderly conduct crimes, and either the subject or the law enforcement officer escalates the situation. It’s common for incidents that would otherwise be considered disorderly conduct to turn into battery or aggravated battery cases or resisting a police officer.
If you are arrested for a disorderly conduct crime, cooperate with the police, and contact an Orlando criminal defense attorney to represent you in court.
Penalties for Disorderly Conduct in Florida
Disorderly conduct crimes carry jail sentences and fines. You will have an arrest on your criminal history. Additional charges are also common with disorderly conduct crimes. For instance, if you struggle with the police, you can also face felony charges. These are the penalties for disorderly offenses.
- Disorderly Conduct (DOC) – Up to 60 days jail time and $500 in fines.
- Disorderly Intoxication (DOI) – Up to 60 days jail time and $500 in fines.
- Indecent Exposure – Up to one year in jail and $1,000 in fines.
An Orlando criminal defense attorney can usually keep you out of jail for a first-offense misdemeanor, even with a criminal conviction. That’s why it’s always better to retain the services of a criminal defense lawyer, even when you have an otherwise clean record.
Defenses for Disorderly Conduct and Disorderly Intoxication
Unfortunately, law enforcement officers often stretch the Florida statutes for disorderly crimes to deal with complicated situations. For example, arresting someone for exercising their First Amendment right to free speech in the absence of excessive noise or such conduct that offends the sense of public decency.
The following defenses against DOC, DOI, and other disorderly conduct charges have been successfully employed by criminal defense attorneys in Central Florida cases:
- Protected Speech – Law enforcement arrested the defendant for conduct that has been established as protected speech.
- Self-Defense – The defendant’s actions were in response to an attack by another party.
- Lack of Witnesses – Under Florida law, law enforcement officers are not allowed to determine whether conduct violates public morals. Therefore, without witnesses or a complainant, a criminal defense lawyer can argue that their client’s conduct was within the boundaries of the law.
- Legal Protest – It’s a common tactic for police officers to remove clients from a protest by arresting them and charging them with one of the above-listed Florida statutes. These criminal cases often fail to pass the constitutionality test in court.
Effective criminal defense lawyers can review the facts of the police allegations and determine the best course of action for beating the charge. If you’ve been arrested for disorderly conduct, public intoxication, etc., contact criminal defense attorney Rahul Parikh and schedule an initial consultation today.
How Can an Orlando Disorderly Conduct Attorney Help?
Many people make the mistake of opting for a public defense attorney to represent them against disorderly conduct charges. What they don’t realize is that public defenders in Orange County have tremendous workloads and often have only a year or two of criminal defense experience.
As a private Orlando criminal defense lawyer, attorney Rahul Parikh can:
- Review the evidence against you
- Subpoena all witnesses, including the police officers
- File motions to suppress evidence that was unlawfully obtained
- Negotiate with the state attorney to have your penalties reduced
- Argue your case in the criminal justice system
- If you are found guilty, help you avoid the more serious penalties, such as jail or prison time
Contact our Orlando criminal law firm to discuss your case.
Frequently Asked Questions About DOC and DOI
These are some of the most common questions that clients ask Orlando criminal attorneys. For specific answers about your disorderly conduct case, contact attorney Rahul Parikh.
What is the difference between disorderly conduct and disorderly intoxication?
While both criminal offenses have similar penalties, the elements are different. For a DOC offense, the accused person has to commit some sort of breach of the peace. This could be loud noise, a threat, or some other type of disturbance. For a DOI offense, the accused person must show signs of intoxication or have an alcoholic beverage in their possession and cause a disturbance.
Will I go to jail for disorderly conduct?
Unless you are a habitual offender or there are aggravating circumstances surrounding your case, you can probably avoid jail time, even if you’re found guilty. An Orlando criminal attorney can help ensure that outcome.
Hire an Orlando Disorderly Conduct Lawyer Today
Whether you’ve been arrested for a misdemeanor or felony offense, you need to take your charges seriously. Rahul Parikh will fight for your rights and freedom. Call today.