Hickory Disorderly Conduct Lawyer

Hickory Disorderly Conduct Attorney

If you’ve been charged with disturbing the peace, be sure to speak with a Hickory disorderly conduct lawyer at Cody Law Firm. An experienced attorney can find the most effective defense strategy and represent you in all legal proceedings. Whether you think you’re guilty or the situation appears to be an obvious misunderstanding, don’t try going through the legal process without an educated and trained legal criminal defense lawyer by your side.

What Is Considered Disorderly Conduct in North Carolina?

In North Carolina legislation, disorderly conduct is also referred to as “disturbing the peace” and covers a broad range of actions and behaviors. A person may be charged with disorderly conduct if they are suspected of intentionally causing a public disturbance, with such qualifying acts including:

• Any conduct that poses an imminent threat of violence
• Engaging in a fight or other violent acts, including purposefully provoking violence or a fight to occur (e.g., making an offensive gesture or display, abusive language or utterances)
• Taking possession of, or exercising control over, a public place
• Refusing to vacate a public building or facility
• Disrupting or prohibiting the teaching of public school students or those in private education institutions
• Participating in acts that disturb the peace, discipline, or order of a public school bus
• Interfering with or disturbing the peace of a funeral or memorial service

Criminal Charges Related to Disorderly Conduct

There are several unlawful charges related to disorderly conduct that someone may be charged with, including “failure to disperse” and “resist, delay, and obstruct,” also called resisting arrest. The failure to disperse is an illegal behavior often seen charged against individuals exercising their right to protest.

It’s prohibited to remain at the scene of a riot or assembly after a reasonable amount of time has passed and having been told to leave by law enforcement or other officials. Failure to disperse charges may also follow when a person congregates with a crowd and, in doing so, creates the risk of injury to another party or their property.

Resisting arrest is any conduct that may be construed as intentionally and willingly delaying or preventing a public officer from carrying out an official duty. This offense can be easily charged against someone even when it may not be necessarily correct, such as a suspect asking the arresting officer questions. Actions that may be seen as resisting arrest include physically evading a law officer, not complying with their instructions, or providing false information.

How Can a Lawyer Fight a Disorderly Conduct Charge?

Disorderly conduct is a Class 2 misdemeanor for an individual’s first offense and is punishable by time in jail and a large fine. A second offense is a Class I felony, and a third or subsequent conviction is a Class H felony, with the risk of facing a longer period of incarceration as the charges become more severe. In addition to these penalties, any convictions will remain on your criminal record, and any unpleasant consequences associated with them are likely to follow.

For this reason, it’s important to gain the knowledgeable counsel of a qualified defense attorney in Hickory, North Carolina— even if you may believe you’re guilty or likely to be seen as guilty. There are multiple defense options you may have. In order for the prosecution to secure a conviction against you, they must have enough evidence to prove that the elements constituting disorderly conduct were present beyond a reasonable doubt.

Depending on the circumstances of your arrest, your defense lawyer may choose from a number of different defense strategies. For example, your attorney may be able to argue that your constitutional rights, such as your Miranda Rights or First Amendment right to free speech, were infringed upon. Other defenses include that you acted in self-defense or that your actions were involuntary (e.g., result of a mental condition or disorder).

FAQs

Q: What Is Considered Disturbing the Peace in NC?

A: Disturbing the peace, or disorderly conduct, is any action that causes a public disruption. This includes acts that pose the imminent threat of violence. Trying to incite physical violence, such as through an offensive display or gesture and abusive language, can be considered disturbing the peace.

It is also disorderly to take control of or refuse to vacate a public place, interfere with the teaching of public or private school students, and disturb the peace of a public school bus or funeral/memorial service.

Q: What Is a Failure to Disperse Charge in North Carolina?

A: Failure to disperse is related to disorderly conduct and is often associated with a person’s constitutional right to peacefully assemble. It’s illegal to remain at the scene of a riot or assembly after a reasonable period has passed and law officials have instructed the crowd to disperse. While it is your right to congregate and protest, this right may be restricted if there is a threat of danger or criminal misconduct, and failing to disperse will result in a misdemeanor charge.

Q: What Are the Penalties for Disorderly Conduct in NC?

A: The penalties for a first offense of disorderly conduct in North Carolina include time in jail and paying a large fine. Additionally, a conviction for disorderly conduct will also be added to your permanent criminal record. A second conviction for disturbing the peace will result in a longer jail sentence, and a third or subsequent conviction will result in an even more lengthy period of incarceration.

Q: What Are Some Examples of Disturbing the Peace?

A: Examples of disruptive conduct that may constitute disturbing the peace include refusing to leave a bar or similar establishment after the staff has requested that you leave, brandishing a weapon without any apparent threat present, or instigating a person to strike you or another party.

Other examples may be a person entering a classroom uninvited and disrupting the students’ education, making an offensive or inappropriate scene at a funeral, or preventing others from leaving a store.

Strong Defense for Disorderly Conduct Charges

At Cody Law Firm, our law professionals have extensive practical experience representing clients against charges of disturbing the peace and similar violations. Schedule a consultation with our office today to go over the details of your case with a skilled attorney.