Scotch Plains Disorderly Conduct Attorney
Disorderly Conduct in Scotch Plains New Jersey
Disorderly conduct is a rather broad offense that can arise in Scotch Plains as the result of a wide variety of disruptive conduct in public. Have you been arrested or charged with disorderly conduct? The penalties may seem minor but do not be mistaken, you will have a criminal record and run the risk of incarceration if you are convicted of a Scotch Plains disorderly conduct charge. To give yourself the best chance of avoiding the penalties and collateral consequences of a conviction for disorderly conduct in Scotch Plains Municipal Court, you need to hire a skill attorney. Here at the the Law Offices of Jonathan F. Marshall, our eight criminal lawyers have defended countless disorderly conduct offense cases in Union County, including in Scotch Plains. An attorney who has decades of experience to put into action so that you achieve the best resolution of your case is available immediately at our firm. To discuss your charge with one of our attorneys in a free consultation, call 908-272-1700 anytime 24/7.
Scotch Plains NJ Disorderly Conduct Offense
A Scotch Plains disorderly conduct offense can arise as the result of either improper behavior or offensive language under New Jersey Law. The language of the statute is drafted expansively to counteract conduct which threatens public peace and order.
How Is The Offense of Disorderly Conduct Defined? N.J.S.A. 2C:33-2a states that a person commits a petty disorderly persons offense if he/she “engages in fighting or threatening, or in violent or tumultuous behavior” or “creates a hazardous or physically dangerous condition by an act [that] serves no legitimate purpose.” Such conduct is considered “improper behavior.”
In addition, the 2C:33-2b provides that a person is also guilty of a petty disorderly persons offense if he or she publicly addresses someone with “unreasonably loud and offensively coarse or abusive language.” That type of disorderly conduct is referred to as using “offensive language”.
What are the key elements of the offense of Disorderly Conduct? Both parts of the Disorderly Conduct statute – improper behavior and offensive language – require a certain mental state. To be guilty of disorderly conduct by “improper behavior,” the State must show that the purpose of the person’s conduct was to “cause public inconvenience, annoyance or alarm.” Similarly, to be guilty of disorderly conduct by “offensive language,” the State must prove that the purpose of the person’s offensive language was to “offend the sensibilities of the hearer.” Accordingly, a sharp Marshall Firm attorney can try to get your case dismissed by showing that the State cannot prove those mental state elements. For example, if you were fighting in order to protect someone from further harm, your purpose was not to “cause public inconvenience,” but rather to defend someone. That would be a way in which a Marshall Firm attorney could win your case.
What are the penalties for Disorderly Conduct? As mentioned above, the offense is classified as a petty disorderly conduct offense. That means the possible penalty is up to 30 days in jail, and up to a $500 fine.
Scotch Plains Disorderly Conduct Defense Lawyer
We all make mistakes. Sometimes tempers flare in public, or we do something we shouldn’t. The lawyers at the Marshall Defense Firm are here to help you get through your case, use every strategy to defend you in court, and work to reduce the charge or have it dismissed outright. A defense lawyer with the know-how to successfully defend you so that a criminal record and other ramifications can be averted is available to review your case anytime 24/7. To speak to an attorney now, call 908-272-1700. Attorneys on our staff are standing by to assist you.