“Disorderly conduct” is a catch-all offense that punishes multiple types of behavior. While most disorderly conduct is not necessarily “criminal,” it still covers conduct that is dangerous, disruptive, or offensive. While it is often punished with a fine, disorderly conduct can still include jail time. Do not treat disorderly conduct charges as something simple that will go away.
If you, your child, or a loved one was charged with disorderly conduct, talk to an attorney today. The Atlantic City disorderly conduct attorneys at The Law Offices of John J. Zarych represent clients in Atlantic City and throughout South Jersey on their criminal charges.
What Counts as “Disorderly Conduct” in Atlantic City?
New Jersey’s disorderly conduct law is a mix of general and specific rules, aimed at keeping the peace. Each person’s idea of what is “peaceful” might be different, but these laws aim to generally stop boisterous, loud, dangerous, and offenses conduct. To accomplish this, N.J.S.A. § 2C:33-2 has three provisions, each of which covers a different type of conduct.
New Jersey’s disorderly conduct statute can be found in N.J.S.A. § 2C:33-2. The statute’s subsection “a.” contains two ways to be charged with disorderly conduct:
- Engaging in fighting, threatening, or any other “violent or tumultuous behavior”
- Creating a “hazardous or physically dangerous condition by any act which serves no legitimate purpose of the actor”
The first part is straightforward enough: if you try to start a fight, or you are generally acting violent and aggressive, you can be arrested and charged with disorderly contact. This might include things like getting pushy in a crowd, getting in someone’s face, or actually starting a fight.
The second section is much more broad, and does not really give any guidance as to what conduct it covers. The language for this comes from the Model Penal Code, a suggested criminal code written by the American Law Institute in 1961. Because of this, many states share similar language in their disorderly conduct statute.
This part of the offense is usually used to cover any conduct that is a big enough public disturbance to merit some legal action. Acting wild, yelling and screaming, swinging dangerous objects, lighting fireworks in a crowd, or otherwise disturbing those around you can all be sufficient for a disorderly conduct charge.
The second provision, N.J.S.A. § 2C:33-2(a)(2), is the broad, catch-all provision of this statute. This makes it a crime to “[create] a hazardous or physically dangerous condition by any act which serves no legitimate purpose of the actor.” Again, this must also be done with the intent to cause an “inconvenience, annoyance or alarm, or recklessly creating a risk thereof.” This is the catch-all provision of the statute, and covers a wide variety of conduct. Some examples of a “hazardous or physically dangerous condition” might be:
- Setting off fireworks indoors,
- Recklessly pushing through a crowd,
- Causing a danger while drunk or high,
- Other acts that generally disturb the peace.
The third provision, N.J.S.A. § 2C:33-2(b), deals with offensive language. Using “bad language” is not illegal by itself, but it becomes disorderly conduct if it’s done in public “with the purpose to offend the sensibilities of a hearer or in reckless disregard of the probability of so doing,” and must be “unreasonably loud and offensively coarse or abusive language.” This covers things like cursing-out a store employee, yelling at a meter maid for ticketing your car, and other aggressive, loud, foul language.
Penalties for Disorderly Conduct in Atlantic City
Disorderly conduct is a “disorderly persons offense” in New Jersey. New Jersey does not have felonies and misdemeanors. Instead, offenses with a potential punishment of more than one year are called “crimes” or “indictable offenses,” and crimes with less than a year of punishment are called “disorderly persons offenses.” This puts the majority of disorderly persons offenses in line with what other states call “misdemeanors.” Disorderly persons offenses have a maximum penalty of 6 months in jail and a fine of $1,000.
Disorderly conduct is actually classified as a lesser form of disorderly persons offense, called a “petty disorderly persons offense.” These are closer to what other states call “summary offenses,” “infractions”, or “violations.” The maximum penalty for a petty disorderly persons offense is 30 days in county jail and a $500 fine. This is similar to the punishments for some severe traffic offenses.
Even though the punishments may be lighter than other crimes, you can still face the following effects of disorderly conduct:
- Arrest
- Bail
- Court summons
- A hearing
- Jail time
- Criminal fines
- A criminal record
The best way to avoid these penalties is to have a criminal defense attorney on your side. An attorney may be able to help you avoid the charges, beat the charges, or have them reduced to local ordinance violations instead of marring your record.
Defending Disorderly Conduct Charges
The disorderly conduct statute is strangely worded, unclear, and possibly restricts free speech. Because of this, there are complicated legal questions which may lead to dismissing a disorderly conduct charge. Having an attorney on your side means having the power to put forth sophisticated legal arguments, challenge the evidence, and possibly arrange a reduced charge.
First, the definitions within N.J.S.A. § 2C:33-2 may require that the alleged conduct took place in “public.” This statute defines “public” as “affecting or likely to affect persons in a place to which the public… has access.” This means that the place or way you performed the conduct must reach out to other people, or must be in a place open to the public. The definition goes on to state that “public” includes:
- Highways,
- Transportation facilities,
- Schools,
- Prisons,
- Apartments,
- Places of business/amusement, or
- Neighborhoods.
If you were in your own home, a friend’s home, or another private place, disorderly conduct charges may not apply.
Some of the statute may conflict with your right to free speech. The “offensive language” section of the law may infringe on your right to speak your mind in a way that you want. In a classic Supreme Court case, Cohen v. California (1971), the Court upheld the right to use profanity and foul language in protests and other forms of free speech. If your “offensive language” was part of a peaceful protest or other speech, disorderly conduct charges may be unconstitutional.
Lastly, there may be ways to challenge the intent requirements. There are very few crimes that can be committed by accident, and you must have the required mental state to be found guilty. Disorderly conduct requires the intent to cause a disturbance. Some disorders, or intoxication, may defeat the intent requirement and beat the charges.
How a Disorderly Conduct Case Works in Atlantic County, NJ
Often for a minor charge like disorderly conduct, the police will just issue you a citation with a court date on it and let you go. If they arrest you, however, you will be transported to the local station and held in detention until a bail hearing can occur. While it is uncommon for a judge to hold someone in jail for a disorderly conduct charge, it can happen, and you should always have an experienced bail hearing attorney like those at the Law Offices of John J. Zarych representing you at this hearing to make the best arguments to get you released without any cumbersome conditions.
Our lawyers can try to work out a deal where you enter into a pre-trial intervention program. If you complete this program successfully, your charges will be dropped and you will not have a record. If pre-trial intervention is not an option in your case, we will try to get the charges downgraded or dismissed in some other way. If you are not happy with any deal offered, our skilled trial attorneys are always ready and willing to take your case to the courtroom. Note, however, that the trial for this type of charge will occur before a single judge, not a jury.
Being charged with a crime is not something that should be taken lightly? However, it is important to understand what the differences in between crimes are. In New Jersey, not all crimes are treated the same. As mentioned above, disorderly person offenses and petty disorderly persons offenses are considered lesser crimes and are the equivalent of misdemeanors in other states. New Jersey does not categorize crimes as felonies but rather as indictable offenses. Indictable offenses are those that can carry at least a one year in prison.
Indictable crimes are classified by degrees from first through fourth degrees. First-degree crimes are the most serious. Indictable means that in order to be charged with the crime, a grand jury must first review the case. The grand jury must review the case and find that there is enough evidence to support a formal charge. If there is enough evidence to support a charge then the grand jury will produce a written statement which is called the indictment. Below are the levels of indictable crimes in New Jersey and common examples:
- First-degree crimes – These are the most serious crimes in New Jersey and generally include such crimes as murder, manslaughter, and rape.
- Second-degree crimes – these are lesser crimes than first-degree crimes but still are serious in that they may include high fines- Generally second- degree crimes include the sex crimes, aggravated, kidnapping, burglary, kidnapping, and drug crimes.
- Third-degree crimes – Possession of controlled substances, and some driving under the influence (DUI) offenses.
- Fourth-degree crimes – These crimes include stalking, some robbery offenses, some DUI offenses, and forgery.
These above examples are what constitute “crimes” in New Jersey. On the other hand, disorderly person offenses and petty disorderly person offenses are not equivalent to a crime but as their name implies they are an offense. This is an important distinction because the terms indicate how serious a charge is.
Disorderly Persons Offenses (Misdemeanor) in Atlantic City
“Disorderly persons” charges are different than “disorderly conduct” in New Jersey. A disorderly persons offense is a lower class of crime in New Jersey. In other states, many crimes are divided into “felonies” and “misdemeanors.” Felonies are typically punished by more than one year in prison, while misdemeanors are punished with less than one year in prison. Every New Jersey “crime” or “indictable offense” has a potential punishment of more than one year, making them the equivalent of a “felony” in New Jersey. Fourth degree crimes are punished by up to 18 months in prison, meaning that some fourth degree crimes may face less than a year of punishment and have more in common with “misdemeanors” in other states. Disorderly persons offenses cover a wide range of conduct, some of which may be similar to misdemeanors in other states, and some of which are more akin to what other states call “summary offenses,” “violations,” or “infractions.”
Every disorderly persons offense is punishable by jail time and fines. Any disorderly persons offense carries the potential punishment of up to six months in jail. Since this is less than one year of potential punishment, a disorderly persons charge is the equivalent of other states’ misdemeanor charges. Disorderly persons offenses also carry a potential fine of up to $1,000.
There is a subset of disorderly persons offenses called “petty disorderly persons offenses.” These are smaller violations that are not as serious as other misdemeanor charges, and have lowered penalties, such as disorderly conduct. The maximum jail time for a petty disorderly persons offense is 30 days, and the maximum fine is $500. These are more clearly the New Jersey equivalent of “summary offenses,” “violations,” or “infractions.”
For many offenses, you could face jail time, a fine, or both. Unless the specific statute says otherwise, the jail time is an optional punishment. This means that a judge may not sentence you to jail time unless the crime was especially severe. In many cases, a criminal defense attorney may be able to argue for alternative punishments such as house arrest or probation. Other times, you may only receive a fine. Since the jail time and fines both have a maximum limit, your attorney can argue for reduced punishments.
Examples of “Disorderly Persons” Offenses in Atlantic City
There are many New Jersey crimes classified as “disorderly persons offenses.” The following are crimes that may be charged as a disorderly persons offense in NJ:
- Disorderly Conduct
- Harassment
- Possession of a small amount of marijuana
- Shoplifting
- Simple assault
- Soliciting a prostitute
- Theft
- Trespassing
- Underage drinking
- Underage gambling
Is a “Disorderly Persons” Offense a Crime in New Jersey?
According to the definition of disorderly persons offense in N.J.S.A. § 2C:1-4(b), a disorderly persons offense is not a “crime.” However, a disorderly persons offense still involves the risk of arrest, being charged, going to trial, being sent to jail, having to pay fines, having a criminal record, and listing the offense if a school or potential employer asks if you have ever been convicted of a crime. Because of this, you should always consult an attorney when facing a disorderly persons charge.
Because a disorderly persons offense is not a “crime,” you are not entitled to a jury trial for these charges. Instead, all trials for disorderly persons offenses are bench trials. Most disorderly persons offenses are tried at the municipal court for the area where the crime was committed. Though these courthouses often handle local and city ordinance violations, disorderly persons offenses are more serious.
What is The Difference Between a Disorderly Persons Offense and an Indictable Offense?
Being charged with a crime is not something that should be taken lightly? However, it is important to understand what the differences in between crimes are. In New Jersey, not all crimes are treated the same. As mentioned above, disorderly person offenses and petty disorderly persons offenses are considered lesser crimes and are the equivalent of misdemeanors in other states. New Jersey does not categorize crimes as felonies but rather as indictable offenses. Indictable offenses are those that can carry at least a one year in prison.
Indictable crimes are classified by degrees from first through fourth degrees. First-degree crimes are the most serious. Indictable means that in order to be charged with the crime, a grand jury must first review the case. The grand jury must review the case and find that there is enough evidence to support a formal charge. If there is enough evidence to support a charge then the grand jury will produce a written statement which is called the indictment. Below are the levels of indictable crimes in New Jersey and common examples:
- First-degree crimes – These are the most serious crimes in New Jersey and generally include such crimes as murder, manslaughter, and rape.
- Second-degree crimes – these are lesser crimes than first-degree crimes but still are serious in that they may include high fines- Generally second- degree crimes include the sex crimes, aggravated, kidnapping, burglary, kidnapping, and drug crimes.
- Third-degree crimes – Possession of controlled substances, and some driving under the influence (DUI) offenses.
- Fourth-degree crimes – These crimes include stalking, some robbery offenses, some DUI offenses, and forgery.
These above examples are what constitute “crimes” in New Jersey. On the other hand, disorderly person offenses and petty disorderly person offenses are not equivalent to a crime but as their name implies they are an offense. This is an important distinction because the terms indicate how serious a charge is.
Alternative Punishments for Disorderly Persons Offenses in New Jersey
If you have been charged with a disorderly persons offense in New Jersey, you may have alternatives to jail and fines. Anyone without a criminal record may be entitled to apply to the “Pretrial Intervention Program” (PTI). PTI works to help people avoid jail time, high fines, and a criminal record through education and other intervention programs. Rather than a jail sentence, those accepted into PIT may undergo drug counseling, alcohol counseling, mental health counseling, anger management classes, education, and community service.
Rather than punishment, PTI focuses on rehabilitation. However, pretrial intervention is not available for every crime, nor for every defendant. If you have been charged with a first-time disorderly persons offense, talk to an attorney about your eligibility. You may only take advantage of the PTI program once, so if you previously used this system or were previously convicted of another disorderly persons offense or crime, you may be ineligible.
Our Atlantic City Disorderly Conduct Attorneys Can Help
The Atlantic City criminal defense attorneys represent criminal defendants throughout South Jersey, the Jersey Shore, and Atlantic City itself. If you, your child, or a loved one was charged with disorderly conduct, talk to an attorney today. Call (609) 616-4956 today to schedule a free consultation with one of our experienced defense lawyers.
