Any action that causes a disturbance in a shared public area is considered disorderly conduct. Offenses involving disorderly conduct include actions like making an excessive amount of noise, drunk behavior, and fighting in the street.
In Florida, disorderly conduct has the following definitions:
– Actions that are ‘of a nature to corrupt public morals’
– Actions that ‘outrage the sense of public decency’
– Actions that ‘affect the peace and quiet of persons who may witness them’
– ‘Brawling or fighting’
– People that fall in ‘such conduct as to constitute a breach of the peace or disorderly conduct’
Disorderly conduct is regarded as a misdemeanor of the second degree in Florida. A “certain term of imprisonment not exceeding 60 days” is the punishment for such a misdemeanor, according to the law. This indicates that the most jail time you could receive is two months. If the court decides that your charges are not as serious, the sentence can be lowered.
– Right to free speech: If someone accuses you of shouting or creating obtrusive noises, you may argue that you were only expressing yourself.
– No use of offensive language: You may argue that notwithstanding the possibility that others could hear you, you did not use any language that would “outrage the sense of public decency.”
– Freedom to exercise religion or faith without interference: You can claim that your actions in public are an expression of your beliefs.
– Right to peacefully and lawfully assemble: You could argue that the law grants you the right to peacefully and lawfully assemble a group or organization of individuals for a certain purpose.
However, it is advisable to go to court with a strong legal team to support your defense.
If there was no malicious intent or a circumstance that prevents you from bearing full responsibility for your actions, charges might be withdrawn. For example:
– You are a minor
– Your attorney can demonstrate mental incapacity
– You acted under duress
– There is a lack of intent
If you are dealing with this type of situation, you must understand your rights and figure out the best legal strategy to help your case. Contact Mitkevicius Law to help you.View All Blogs