Disorderly Conduct (Breach of Peace)
Disorderly Conduct is defined in Florida Statute Section 877.03 To prove the crime of Disorderly Conduct, the State must prove:
- committed an act that was of a nature to
- corrupt the public morals, or
- outrage the sense of public decency or
- affect the peace and quiet of persons who may witness them or
- engaged in brawling or fighting, or
- engaged in such conduct as to constitute breach of peace or disorderly conduct.
Disorderly Conduct is a Second Degree Misdemeanor punishable by up to 60 days in jail.
The most common defense to Disorderly Conduct is that your conduct or speech is Constitutionally protected or it was not disorderly. We are a nation that revels in our right to conduct civil disobedience. Some conduct that the government deems a crime is simply civil disobedience. There also may be diversion or negotation options available that protect your record, prevent you from going to jail, and otherwise mitigate or prevent negative consequences. Call us to discuss the facts of your case.
Call Shorstein, Lasnetski & Gihon Now!