Disorderly Conduct Lawyer In Naples, FL

If you’ve been charged with disorderly conduct in Naples, Florida, you need a lawyer who is experienced in defending clients against this serious offense. Such a conviction can lead to jail time, a hefty fine, and a criminal record that can follow you for the rest of your life. An experienced lawyer can help you fight your charges and build a defense that is tailored to your individual case.

At the Law Office of Robert H. Hanaford, our experienced Naples criminal defense lawyers have represented clients charged with disorderly conduct throughout Florida. We know the potential consequences of a conviction and want to provide you with the knowledge you need to make informed decisions. In this article, we will discuss the potential penalties for disorderly conduct in Naples, the elements of the crime, and possible defenses to the charge.

What Does Disorderly Conduct Mean?

In Florida, disorderly conduct is a broad criminal offense that encompasses a variety of behaviors such as public intoxication, fighting, using profane language, or making a loud disturbance. Depending on the severity of the offense and any prior convictions, individuals convicted of disorderly conduct may face a second-degree misdemeanor conviction, which carries a penalty of up to 60 days in jail, a $500 fine, and probation. 

Furthermore, those who violate the conditions of probation or have multiple convictions within a 12-month period may be subject to additional charges, fines, and penalties, including the requirement to complete a 60-day rehabilitation program.

Examples of Disorderly Conduct

As mentioned above, disorderly conduct is a broad crime and can include a variety of behaviors. Some examples of disorderly conduct include:

Public Intoxication

Public intoxication involves being intoxicated, whether under the influence of drugs or alcohol, in a public space to the point that a person is a danger to themselves or others, or is disrupting the peace of the public. 

Verbal or Physical Altercations

Fighting, either verbally or physically, is grounds for disorderly conduct. It doesn’t matter if only one or multiple parties are engaged or the severity of the altercation.

Loud or Disruptive Noises

Making loud or disruptive noises in a public space can be considered a form of public disturbance. Depending on the type of noise, you may find yourself facing additional charges if the noise is particularly egregious and disruptive.

Resisting Arrest

Resisting arrest is considered a form of disorderly conduct. In addition to the initial charges, resisting arrest can lead to additional charges of obstructing justice or fleeing from police.

Harassing Others

Harassment can take many forms, including verbal, physical, or online. It constitutes disorderly conduct by making someone feel unsafe or threatened. 

Public Urination

Public urination is considered disorderly conduct as it is an act that can be considered offensive or disruptive to the peace of the public. In some jurisdictions, public urination may also result in additional charges, such as indecent exposure.

Refusing to Leave a Public Place When Asked

Refusing to leave a public place when asked is generally considered a form of trespassing and can also result in legal action if the situation escalates or if the person returns after being asked to leave.

Possible Defenses for Disorderly Conduct Charges

Depending on the elements of your case, there are a few possible defenses that could be used to fight a disorderly conduct charge, including but not limited to:

Exercising Your First Amendment Right

The First Amendment of the Constitution protects freedom of speech, which includes the right to express yourself. If your disorderly conduct charge is based on something you said, you may be able to argue that it was constitutionally protected speech. 

However, it is important to note that there are certain exceptions to this defense. For example, words that are considered to be “fighting words,” which are words that are deemed as likely to provoke violence, are not protected under the First Amendment.

Mistaken Identity or Faulty Identification

On occasions when there is a crowd or multiple people involved in a situation, it can be difficult for law enforcement to accurately identify who is responsible for the disorderly conduct. If you can prove that you were mistakenly identified as the perpetrator, your case can be dismissed.

Self-Defense or Necessity

If the case involves a physical altercation, you may be able to argue that you were acting in self-defense or out of necessity. In order for this defense to be successful, you must be able to prove that the other party was the aggressor and that your actions were a reasonable response to the threat of harm.

Lack of Intent

Depending on your mental state or the circumstances surrounding the incident, you may be able to argue that you did not have the intent to cause a disturbance. If you can prove that you did not act willfully or knowingly, you may be able to have the charge dismissed.

Don’t Face a Disorderly Conduct Charge Alone – Contact the Law Office of Robert H. Hanaford Today

A disorderly conduct charge can be a difficult and confusing process to navigate, but you don’t have to face it alone. Regardless of the circumstances of your case, having an experienced criminal defense lawyer on your side can be a crucial factor in helping to reduce the charges or even have the case dismissed. 

The legal team at the Law Office of Robert H. Hanaford brings the experience necessary to help you understand your rights, build a strong defense, and protect your freedom. We will work with you to develop a strategy that meets your needs. Contact us online or call us at (239) 315-9750 today to schedule your free consultation and learn more about how we can help.