Disorderly Conduct Offense in South River New Jersey
The Former Middlesex County Prosecutors at the Law Offices of Jonathan F. Marshall are Ready To Fight For You
It is common for someone charged with disorderly conduct in South River or another municipality and fail to appreciate the seriousness of the offense. This is despite the fact that a conviction for disorderly conduct results in a criminal record, financial penalties, and perhaps even time in jail. This is why it is wise to forget about attempting to defend against a South River Municipal Court disorderly persons offense without the benefit of a skilled lawyer.
The attorneys and former Middlesex County prosecutors at our firm are veteran litigators who have defended countless disorderly persons charges over the last two decades. An experienced attorney will work to obtain an acquittal or, at a minimum, a downgrade of the complaint/summons to an ordinance violation which negates a criminal record and many other negative consequences. Lawyers are available for free consultations by contacting our East Brunswick Office at 732-227-1200 now.
Disorderly Conduct in the Borough of South River
The offense of disorderly conduct covers a broad range of inappropriate conduct that disturbs public peace and order. The Disorderly Conduct Law, N.J.S.A. 2C:33-2 makes a distinction between two types of illegal conduct: “improper behavior,” and “offensive language.” Disorderly Conduct is a disorderly persons offense, the equivalent to a misdemeanor, which is handled in South River Municipal Court rather than the Middlesex County Courthouse.
- Disorderly Conduct based on “Improper Behavior.” Improper behavior giving rise to a Disorderly Conduct charge is when a person “engages in fighting or threatening, or in violent or tumultuous behavior” or “creates a hazardous or physically dangerous condition by an act [that] serves no legitimate purpose.”
- Disorderly Conduct based on “Offensive Language.” Disorderly conduct occurs when a person addresses someone with “unreasonably loud and offensively coarse or abusive language” in public.
- Possible Defenses to a Disorderly Conduct Charge. An experienced attorney can quickly assess the facts of your case to determine what defenses are available to you. Here are some possibilities:
- Non-Public Conduct. If a person is charged with using offensive language, it could be a defense to demonstrate that the defendant did not “publicly address” anyone. Rather, the comments were made indoors. Similarly, if evidence could show that the defendant’s purpose was not to “cause public inconvenience, annoyance, or alarm,” then that could be a defense to an improper behavior/disorderly conduct charge.
- Legitimate Purpose. Disorderly conduct based on improper behavior requires that the conduct served no legitimate purpose. So, if there was in fact a legitimate purpose to the defendant’s actions, then it would serve as a defense to the charge.
Disorderly Conduct Penalties
Disorderly Conduct is a petty disorderly persons offense. The possible sentence for a conviction is up to 30 days in jail and up to a $500 fine. In addition, a disorderly conduct conviction will be on your criminal record and can effect your ability to obtain employment and engage in other endeavors.
South River Disorderly Conduct Lawyers
Before deciding to simply go to South River Municipal Court and deal with a charge of disorderly conduct on your own, consider speaking with an attorney who is experienced in defending this type of offense. The lawyers at the Law Offices of Jonathan F. Marshall understand how to successfully defend a disorderly conduct charge and will aggressively represent you in South River. Our firm offers a free initial consultation with our attorneys. To speak to a lawyer immediately, call 732-227-1200.
