In most cases, those who are arrested for disorderly conduct are charged with a misdemeanor offense. While misdemeanors are not typically as serious as felony charges in terms of punishment, it is still important to work with an experienced defense attorney who will work to protect your legal rights, reputation, and freedom. At Adams, Luka, & Benton, our job is to obtain positive results for our clients and minimize the damage that can occur as the result of a criminal conviction.
In Florida, there are various behaviors that may constitute disorderly conduct. Many people associate "bad behavior" with the consumption of alcohol or drugs, however this is not always the case. Some examples of behavior which may be considered disorderly conduct include:
Disorderly conduct is often referred to as "disturbing the peace," and may also occur in some instances when an individual or individuals make excessive noise such as after a certain hour in an apartment complex, etc.
Under Florida law, disorderly conduct is committed when a person:
Defenses to Charges of Disorderly Conduct in Florida
Disorderly conduct is a charge whose definition is ambiguous, or unclear. The defense strategy your Orlando disorderly conduct attorney develops will depend on the facts of your particular case. Challenging the evidence brought by prosecutors is often effective, but in addition the following defenses are common.
Unwarranted charge by police. Police may engage in behavior that is unethical in some cases; for instance, if police cannot charge you with another offense, they may decide to charge you with disorderly conduct.
Right to free speech. In situations where an individual is charged with disorderly conduct based on speech, First Amendment freedom of speech rights may be an effective defense.
Self defense. Every person has the right to defend him- or herself. In some cases, a person may be charged with disorderly conduct when he/she was trying to defend against harm in a physical confrontation.
Penalties for Disorderly Conduct in Orlando & Central FloridaThe penalties an individual may face if found guilty of disorderly conduct depend on the circumstances, and whether the offense was charged as a misdemeanor or felony. In general, disorderly conduct is punished by:
If intoxication is involved, the penalties will be more severe. Prison time may be ordered if an individual is found guilty of felony disorderly conduct which often involves behavior such as falsely reporting a bomb threat, fire, or other serious threat.
Contact Adams, Luka, & Benton NowRegardless of how minor or serious the situation may seem, no one wants to face possible jail time, community service, and other punishment. At Adams, Luka, & Benton, our Orlando criminal defense lawyers are dedicated to providing you with exceptional legal guidance and representation. Until proven guilty beyond a reasonable doubt, you are innocent - and we work to protect your innocence. Contact us now for a free consultation at (407) 872-0307 or (352) 787-2101.
I would like thank my attorney Thomas Luka. I knew from the beginning I had the right guy in my corner. While celebrating with family and friends at a Public Park in Seminole County, a fight broke out among various people. Myself, and a good friend, broke up the fight and the instigators left. Six months later, I was wrongly accused as the person who started the fight. The first attorney I hired could not even get a response from the State Attorney handling the case. Someone referred me to Tom and I felt comfortable at his demeanor and reactions.
After conversations with Tom, who knew I would settle for nothing less than a FULL DISMISSAL due to my innocence, I hired him. His firm Adams, Luka, & Benton did the due diligence by interviewing witnesses and the police who were on the scene, as well as starting a dialogue with the State Attorney. After gathering statements from witnesses, Tom was able to present a strong argument on my behalf to the State Attorney on why the case should be dismissed. If the State Attorney was not willing to dismiss the case, Tom was ready to take the case to trial.
The result by Thomas Luka: Case Dismissed.
I am 53 years old with a spotless record and glad to keep it that way thanks to the time, effort, hard work, and professionalism of Adams, Luka, & Benton.