What is Considered Disorderly Conduct?
Disorderly conduct is considered any act that disturbs the peace or safety of the general public. Although it is a misdemeanor offense in Tennessee which can land you in jail for up to 30 days, the punishment does not end there. You will also have a criminal record, which will make it difficult to find adequate employment or housing.
A disorderly conduct charge must be nipped in the bud. If you have been accused of disorderly conduct, now is the time to speak with our Davidson County criminal defense lawyers.
Defining Disorderly Conduct
Tennessee Code § 39-17-305 classifies any of the following actions as disorderly conduct when the individual intends to cause public annoyance or alarm:
- Engaging in fights or violent behavior
- Refusing to obey an officer’s order to disperse due to a fire, hazard, or other emergency that threatens public safety
- Creating a physically offensive or hazardous condition with no legal purpose
- Making unreasonable noise that prevents others from performing lawful activities
Examples of Disorderly Conduct
Disorderly conduct can encompass a variety of acts, including, but not limited to:
- Engaging in a physical altercation in a nightclub or bar
- Being excessively loud in public and disturbing other people
- Refusing to leave an area when lawfully ordered by a police officer
- Any behavior that threatens public safety
Defending Against Disorderly Conduct Charges
If you have been charged with disorderly conduct, the district attorney’s office will need to present evidence to demonstrate your danger to public safety and/or how you disturbed the peace. The prosecution must provide sufficient evidence to demonstrate your culpability beyond a reasonable doubt.
Depending on the specifics of your case, a Davidson County criminal defense lawyer may employ any of the following defenses:
Lack of Knowledge
A disorderly conduct conviction requires that a person intended to cause public annoyance or alarm. Not realizing that your actions were causing a public disturbance is a valid defense, perhaps your strongest defense against disorderly conduct charges.
Self-Defense
Tennessee is a “stand your ground” state, allowing someone to use reasonable force if you believe that it is necessary to protect yourself against another person’s use of unlawful force. If you can demonstrate that your actions were performed in self-defense, then your intent was to protect yourself, not to threaten the safety of the general public.
Freedom of Speech
The First Amendment protects our right to freedom of speech. Someone who burns a flag or effigy can claim that the act served as a way to express their political views or opinion on a matter, not to cause alarm.
Speak with a Davidson County Criminal Defense Lawyer Today
Several acts can qualify as disorderly conduct, making the charge rather ambiguous. If you are facing allegations of disorderly conduct, it is crucial that you speak with a Davidson County criminal defense attorney who can protect your rights. If you are interested in scheduling a free, no-risk consultation, contact us by phone or by completing our online contact form.