New Jersey Disorderly Conduct Attorneys
Fighting to Stop the Government From Turning Minor Disturbances Into Life-Changing Consequences
In New Jersey, a charge for disorderly conduct is set forth in N.J.S.A. 2C:33-2. Disorderly conduct is applicable to a wide range of conduct, including but not limited to fighting, being drunk in public, and using offensive language. A person doesn’t even have to create a physically dangerous condition. Unfortunately, police officers frequently use this criminal offense when they can’t think of anything else to charge a person with. People have been arrested for practicing free speech even when they have a legitimate purpose for their actions. That’s why you need a New Jersey disorderly conduct lawyer.
At The Bianchi Law Group, we know that a conviction for any criminal offense can affect persons for their entire lives. Prosecutors will tell you that it’s a minor charge and that you should just accept a plea deal. They’ll likely also tell you that not accepting the deal could mean increased charges or penalties, and they’ll explain the scary risk thereof. However, it’s important to remember that prosecutors only want one thing: a conviction. Don’t give them what they want without a fight. Contact our law firm today for a free consultation. We’ll help you better understand how to best handle your situation.
What Are the Specifics of a Disorderly Conduct Charge?
Disorderly conduct charges in New Jersey can take different forms. These allegations typically involve either improper behavior — defined as violent or tumultuous conduct creating a public disturbance or threat to public safety — or using unreasonably loud or offensive language to provoke or cause alarm. The law focuses on acts committed in public spaces, but private incidents can escalate in situations where conduct ends up threatening public order.
While disorderly conduct is considered a low-level offense or petty disorderly offense, it’s possible that increased charges could be levied if violence or escalation occurs. Our law offices are frequently visited by individuals initially arrested for disorderly conduct who eventually see their charges upgraded to assault or a similarly serious offense. Every disorderly conduct case has its own set of unique circumstances, and the best defense in one situation may be inapplicable in another.
This is why you should seek the assistance of disorderly conduct attorneys in New Jersey. Contact our law firm today for your free consultation.
What Is Violent or Tumultuous Behavior?
As a key element of disorderly conduct charges in New Jersey, prosecutors typically have to prove “violent or tumultuous behavior” occurred beyond a reasonable doubt. This refers to actions that disrupt public order through aggressive or chaotic behavior. Examples of violent conduct could include public brawling, physical attacks, attempts to harm someone, or throwing objects that could cause injury.
Tumultuous conduct could include aggressively pushing through a crowd, acting in a way that incites panic or disruption, or instigating a chaotic situation. A momentary outburst or isolated loud comment may not rise to the level of criminal acts, but this doesn’t necessarily mean that a person won’t be charged with disorderly conduct. Research has shown that this charge is often abused and referred to in legal circles as “contempt of cop.”
Don’t fall into the trap of thinking you have no recourse. Our New Jersey disorderly conduct attorneys are here to help.
Former Disorderly Conduct Prosecutors
The Bianchi Law Group is made up of a team of former trial prosecutors who have handled the investigations and prosecutions of most crimes in New Jersey and will defend you for all federal and state crimes in New Jersey, including disorderly conduct. We’re uniquely qualified to handle these cases — whether someone merely used offensive language or is accused of recklessly creating a danger to the public — because we’ve prosecuted such crimes during our careers. Put simply, we know how the government handles these cases.
We’ve seen how prosecutors will take a simple municipal ordinance violation and sometimes turn it into a life-altering charge. Honestly, it serves no legitimate purpose to railroad a defendant on a petty disorderly persons offense — so it bothers us to see prosecutors treat individuals as if they’re hardened criminals. Of course, you may encounter a friendly prosecutor who just wants to do their job, but never forget that their job is to secure a conviction. The state has a variety of tools in its arsenal, so you should have help as well. Contact our disorderly conduct lawyers in New Jersey today.
Certified Criminal Trial Attorneys by the New Jersey Supreme Court
Partners Robert A. Bianchi and David J. Bruno are also both certified by the Supreme Court of New Jersey as Criminal Trial Attorneys. In New Jersey, the New Jersey Supreme Court has a certification committee that classifies certain New Jersey Lawyers as Certified Trial Attorneys. The process requires the prospective attorneys to satisfy strict criteria, including extensive jury trials, a primary focus on criminal law, an application submission, a peer review process, a character and background check, and passing a written examination.
Only 250 of over 98,000 lawyers (less than 1%) are designated as certified criminal trial attorneys by the New Jersey Supreme Court. This should be an important factor in finding a New Jersey criminal defense attorney to represent you. Many New Jersey Lawyers describe themselves as trial attorneys, but most do not have the New Jersey Court’s distinction as Certified Criminal Trial Attorney. This is precisely what you want if you want a fair chance at avoiding a disorderly conduct conviction. Far too many lawyers will take a plea deal and move on. That’s not how we operate.
Our New Jersey disorderly conduct lawyers are aware that plea negotiations are an integral part of the criminal justice system. However, it’s common knowledge that prosecutors often use dishonest tactics to secure these deals. They may even threaten to upgrade charges to a more serious criminal offense, but even when they don’t, they’ll promise more severe penalties. This is why you need an attorney who isn’t afraid to take your case to trial when it’s in your best interest. As lawyers certified by the courts, you can rest comfortably knowing that we’ll do whatever it takes to get you a fair outcome.
Penalties for a Disorderly Persons Offense in New Jersey
Disorderly Conduct is considered a petty disorderly persons offense and is punishable by up to 30 days in jail. The Sentencing Judge may also order fines and restitution as prescribed by N.J.S.A. 2C:43-3 for all convictions for Disorderly Conduct in New Jersey. It’s also possible that you could face court-ordered community service or mandatory counseling. Unfortunately, even these penalties are not where your troubles end. By merely claiming that you used abusive language and created a public inconvenience, a police officer can create a situation where you’re stuck with a lifelong criminal record.
Unfortunately, there are very real and very lasting consequences to this.
Employment Difficulties
When employers conduct background checks, they prefer to see a clean record. Even if you served no jail time, hiring managers likely have many other candidates who don’t have a criminal record. You could experience difficulties finding a job — or even lose the one you have.
Academic Issues
Individuals charged with disorderly conduct are very often young persons out having fun with friends. Unfortunately, those are the same people currently at college age. Many universities will have questions — and may refuse admission — for individuals with criminal records.
Housing Problems
Disorderly conduct carries serious criminal penalties, but it can also affect your ability to secure housing. If a landlord has two applicants and only one of them has a criminal record, who are they going to give the lease to? This could create difficulties whether you’re looking for a single-family home or trying to move into apartment houses — and with the current housing crisis, this could be devastating.
Family Law Issues
Claiming that a one-time occurrence of causing inconvenience, annoyance, or alarm would affect a person’s ability to raise a child might sound ridiculous. Unfortunately, such claims are not uncommon in child custody cases. A person convicted of disorderly conduct could also face a fault divorce if their former partner claims their behavior has made the marriage unsalvageable.
Immigration Problems
It’s a terrifying reality to consider, but a petty offense like disorderly conduct can actually interfere with a person’s immigration prospects. From economic opportunity to free speech, people come to America for a million different reasons. To think that an overbearing police officer looking for anything to charge someone with could derail this? It becomes clear how important it is to have a New Jersey disorderly conduct attorney on your side.
Contact Our Trial Ready New Jersey Disorderly Conduct Lawyers
Like in all of our cases handled at the Bianchi Law Group, our experienced team of former prosecutors are there to make sure the Government can prove its case beyond a reasonable doubt. If our attorneys cannot resolve the case with a dismissal or a fair and just plea bargain, our lawyers at The Bianchi Law Group will not hesitate to select a jury and take the case to trial. That is what we do and what distinguishes us from other attorneys.
We are former prosecutors, trial-tested, and certified by the New Jersey Supreme Court as certified criminal trial attorneys. Our law firm will not hesitate to go to trial if that’s what’s necessary to secure a fair outcome for our clients. We understand New Jersey law because we’ve worked on every side of it. Even a seemingly minor offense can have lasting consequences, so don’t merely accept defeat just because a police officer accused you of improper behavior. Our New Jersey disorderly conduct lawyers will review your case and help you understand how to best move forward.
Contact us at (862) 292-4442 to schedule your free initial consultation today.