Former Middlesex County Prosecutors That Defend Clients Charged With Disorderly Conduct in Spotswood New Jersey
The offense of disorderly conduct covers a broad range of improper behavior and disturbances to public peace and order. Classic examples of scenarios where this charge arises is being drunk in public, getting into an argument with police or refusing to disperse. Irrespective of the circumstances that caused you to be charged with disorderly conduct, you need to seek the services of a gifted attorney since a conviction will result in a criminal record and penalties that can negatively impact your life.
We are the Law Offices of Jonathan F. Marshall, a defense firm with eight accomplished criminal attorneys. Our team has extensive experience defending disorderly conduct charges in Spotswood Municipal Court and elsewhere in Middlesex County. If you are facing a Spotswood disorderly conduct offense, our firm certainly has a lawyer with the tools to help you. Contact us today at 732-246-7126 for a free consultation now.
Disorderly Conduct Offense in the Borough of Spotswood
What is the applicable statute for Disorderly Conduct? The applicable statute is. The offense of Disorderly Conduct is broken into two categories – improper conduct and offensive language. The statute reads as follows:
a. Improper behavior. A person is guilty of a petty disorderly persons offense, if with purpose to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof he
- Engages in fighting or threatening, or in violent or tumultuous behavior; or
- Creates a hazardous or physically dangerous condition by any act which serves no legitimate purpose of the actor.
b. Offensive language. A person is guilty of a petty disorderly persons offense if, in a public place, and with purpose to offend the sensibilities of a hearer or in reckless disregard of the probability of so doing, he addresses unreasonably loud and offensively coarse or abusive language, given the circumstances of the person present and the setting of the utterance, to any person present.
As you can see, the statute’s language is rather broad. That is because it is meant to cover a wide range of bad behavior. Given the Spotswood case mentioned above, walking/stumbling on the roadway in an intoxicated state can constitute Disorderly Conduct.
Are there defenses available to challenge a Spotswood disorderly conduct charge? Yes. It is possible to claim that your conduct was not of the nature required under 2C:33-2 (e.g. it did not occur in public, your actions were not threatening or violent, etc.).
Notably, the statute requires that you have a certain mental state. Specifically, that your purpose was to cause public inconvenience, annoyance, etc. Accordingly, another defense is to show the court that you had a legitimate purpose in your conduct, not a purpose to inconvenience or annoy. Having a skilled criminal defense attorney by your side will ensure that all of the possible defenses to a Disorderly Conduct charge are considered.
What are the possible penalties for a disorderly conduct charge in Spotswood? Disorderly conduct is considered a minor misdemeanor, or what New Jersey calls a petty disorderly conduct offense. The recommended sentence for a petty disorderly persons offense could be up to 30 days in jail, and up to a $500 fine.
Spotswood Disorderly Conduct Lawyers
Why accept a disorderly conduct conviction that will give you a criminal record, and lead to monetary fines and, possibly, jail time, when our lawyers avoid these consequences in almost every case? At a minimum, take advantage of a complementary consultation with an attorney at the Law Offices of Jonathan F. Marshall. We have years of experience handling matters at the Spotswood Municipal Court and the attorneys at the firm are available to discuss your Spotswood disorderly conduct case around the clock. Call 732-246-7126 to reach a knowledgeable defense lawyer.
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