Disorderly Conduct Attorney in Miami, FL

If you or a loved one has been arrested for a disorderly conduct charge or disorderly intoxication, it is critical to consult with an experienced Miami disorderly conduct attorney as soon as possible to ensure that your rights are protected. You need the counsel of an experienced criminal defense lawyer to guide you through the process and maximize your chances of resolving your case without leaving you with a criminal record.

Disorderly conduct is one of the most common offenses police officers use to demonstrate their authority and/or gain control of a situation. Many people arrested for this criminal offense in Miami-Dade County feel that they have done nothing wrong and have difficulty understanding why they were arrested. It is not uncommon for a person arrested for this criminal charge to say that they were just asking the officer a question and were then put under arrest. Florida’s disorderly conduct law addresses fighting and other conduct that amounts to a breach of the peace. An incident’s location matters, but the fact that it occurred on private property does not by itself defeat the charge. Drawing the line between a “breach of the peace” and freedom of speech can be very difficult. Consequently, First Amendment issues are often implicated in a disorderly conduct case.

Ultimately, it is up to the police to decide who they will arrest for disorderly conduct. As dedicated defense lawyers, we are on your side and fight aggressively to level the playing field and obtain justice. Securing your freedom and avoiding criminal penalties is our top priority.

What is Disorderly Conduct?

Florida Statutes §877.03 prohibits brawling, fighting, and other conduct that amounts to a breach of the peace. Courts have narrowed the statute to protect free speech. Profanity, criticism of police, or speech that draws a crowd does not by itself establish disorderly conduct.

Disorderly conduct charges can also arise at a restaurant, bar, or other licensed establishment. Florida law provides special rules for detention and arrest when a violation at such an establishment threatens someone’s life or safety.

An arrest does not establish guilt. Police sometimes arrest people whose speech is protected by the First Amendment. An attorney handling a disorderly conduct case should examine the alleged conduct, witness accounts, and available recordings to determine whether the charge has a lawful basis.

Typical Disorderly Conduct Defenses

The available defenses depend on what happened, who witnessed it, and whether the State can prove conduct prohibited by the statute. Private property is not an automatic defense. In a case involving a physical fight, self-defense may apply. When the charge rests on speech, the First Amendment may provide a defense.

First Amendment Defense

When a disorderly conduct charge rests on words alone, Florida courts sharply limit what can support a conviction. The exceptions include fighting words likely to provoke an immediate fight and knowingly false reports of a physical danger that create a clear and present risk of bodily harm.

Merely raising your voice, using profanity, or criticizing an officer generally does not meet that standard. If the State also alleges physical conduct, that conduct must be assessed under the elements of the charged offense; interference with an officer does not automatically establish disorderly conduct.

If you have been arrested for disorderly conduct, contact us immediately so that we may begin preparing your case. We offer a free initial consultation and work hard to help our clients avoid jail time and other criminal penalties.

What is Disorderly Intoxication?

Under Florida Statutes §856.011, disorderly intoxication can occur when a person is intoxicated and endangers another person or property. It can also occur when someone is intoxicated or drinks an alcoholic beverage in a public place or on public transportation and causes a public disturbance.

Being intoxicated, without the required danger or disturbance, is not enough. The defense should examine which form of the offense the State alleges and whether the evidence proves each required element. Depending on the charge, disputed issues may include intoxication, the location, the alleged danger, or whether a public disturbance actually occurred.

Disorderly Conduct and Disorderly Intoxication Penalties

Disorderly conduct and disorderly intoxication are second-degree misdemeanors, punishable by up to 60 days in jail and a fine of up to $500. Probation may also be imposed. Although six months is a common probation term, Florida law permits up to one year when alcohol or certain other substances are a significant factor in the offense.

Over the years, we have represented hundreds of clients charged with disorderly conduct or disorderly intoxication. There is a good chance we have handled your type of case and represented clients with similar needs and concerns to yours. You can browse our criminal defense case results for examples of cases we have handled and the outcomes obtained for our clients.

Differences Between Disorderly Conduct and Resisting Arrest

Disorderly conduct and resisting an officer without violence are separate offenses that may arise from the same encounter. Resisting without violence requires proof that the defendant resisted, obstructed, or opposed an officer who was executing legal process or lawfully carrying out a legal duty. The charge can arise during a lawful detention or other police activity, even before an arrest.

When a resisting-without-violence charge rests on resistance to an arrest, the lawfulness of that arrest matters. If the officer lacked a lawful basis to arrest someone for disorderly conduct, that may also undermine the resisting-without-violence charge. Using or threatening force raises different legal issues.

Many times, individuals become upset if they feel an officer is arresting them unlawfully for disorderly conduct. If they then pull away, tense up, or struggle, they may face an additional charge of resisting. While the charges are separate, fighting one can help fight the other.

A dispute at a bar, nightclub, or restaurant can also lead to a separate trespass charge, particularly when someone allegedly refuses to leave after permission to remain has been withdrawn. Each charge requires its own review of the facts and the State’s evidence.

Contact an Experienced Miami Disorderly Conduct Lawyer

While a misdemeanor may seem minor, even a single disorderly conduct conviction can show up on background checks and cause issues securing employment, housing, loans, and licenses. Many applications ask about criminal convictions, not differentiating between felonies and misdemeanors.

Disorderly conduct can be construed as a red flag by employers, landlords, and lenders. They may see it as a sign of instability, aggression, or inability to control one’s temper. Loss of job opportunities is common after such a conviction, especially for roles working with children, healthcare, law enforcement, etc.

With competitive job and rental markets, applicants with disorderly conduct records can easily lose opportunities to those with clean backgrounds. By taking the immediate action of hiring an experienced Miami disorderly conduct lawyer to defend you, you are minimizing the chances a disorderly conduct conviction will have lasting consequences for your career, personal life, and reputation.

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The material on this page represents general legal advice. Since the law is continually changing, some of the provisions contained here may be out of date. It is always best to consult a criminal defense attorney about your legal rights and responsibilities regarding your particular case.