If you have been charged with disorderly conduct, commonly referred to as a breach of peace, you are likely worried about the ramifications that could follow a criminal conviction. This offense is taken very seriously in Florida, with penalties including fines, probation, and even the possibility of some time behind bars. In addition, if you are a college student, you could also face severe disciplinary action from your school, such as suspension or expulsion.
As a veteran Sarasota underage crimes lawyer, Erika Valcarcel has extensive knowledge and experience dealing with disorderly conduct violations and has seen firsthand the devastation that can result from such a charge. With time spent as both a prosecutor and a defender, she has the comprehensive skills to anticipate the prosecution’s strategy in order to build the strongest defense possible.
Call (941) 363-7900 now to discuss your particular case and see how Erika Valcarcel, Criminal Defense Lawyer, P.A. can help.
Florida Disorderly Conduct Laws
Disorderly conduct, or breach of peace, has an ambiguous definition in the state of Florida. According to Florida Statute Section 877.03, disorderly conduct includes any behavior that corrupts public morals, outrages the public’s sense of decency, or negatively affects the peace and quiet of other individuals. Fighting and brawling are also considered forms of disorderly conduct. Other examples of this crime include, but are not limited to:
- Using obscene language in a public place, even after being asked to stop
- Creating a scene by having a loud argument with a friend or spouse
- Harassing employees with name-calling, shouting, or tampering with private property
- Loitering near a place of business after you have been asked to leave
Penalties and Collateral Consequences
Florida law labels disorderly conduct as a second-degree misdemeanor. As such, a conviction can result in certain maximum penalties, which are listed below:
- A $500 fine
- Up to 60 days in jail or up to 6 months on probation
The examples listed above represent statutory maximums and are not usually assigned unless the person is a repeat offender. In most cases, individuals with no criminal record are only assigned jail time if they engage in conduct that is extremely disrespectful or a real threat to public safety. Incarceration may also be assigned if alcohol or drugs are involved.
For most first time offenders, the real risk of prosecution is the creation of a permanent record. A criminal history can make finding employment all but impossible, as most employers tend to shy away from those with conviction histories. Continuing your education might also be affected. When a post-secondary institution learns that a student has committed a crime, they may hold a disciplinary hearing. This can result in harsh consequences, such as academic probation or suspension.
Defenses Against Disorderly Conduct
Disorderly conduct is among the most defendable charges in the state of Florida. With the help of a skilled attorney, it may be possible to avoid a conviction altogether. Although an arrest for this crime can be made for almost any reason, convictions are rare in cases where the accused simply created an annoyance or disturbed the public with their attitude. In fact, accusations based solely on verbal actions almost never reach a conviction. It might also be the case that you are the victim of mistaken identity. Eyewitness testimony is notoriously unreliable and very difficult to verify.
Call Erika Valcarcel, Criminal Defense Lawyer, P.A. Today
A disorderly conduct accusation has a way of wreaking havoc on your life. From ruined educational opportunities to limited employment options, the turmoil that arises in these situations is undeniable. Sarasota underage crimes lawyer Erika Valcarcel understands these difficulties surrounding a disorderly conduct offense. She believes that the key to an effective defense lies in getting to know you and all the details of your case. Once attorney Valcarcel collects all the relevant details, she’ll be able to argue on your behalf for the best result available.
Call Erika Valcarcel, Criminal Defense Lawyer, P.A. (941) 363-7900 today for a free and confidential consultation.
"Erika Valcarcel, Criminal Defense Lawyer, P.A. is the best you will find. Erika Valcarcel is completely honest and straightforward. She took a huge burden off my shoulders many times during difficult periods of my life knowing that she was doing everything that that could and should be done. Her knowledge is extensive and her advice has always been right on the mark. She is worth every penny of the fee she charges. You cannot go wrong securing her services."
Joni A. | Sarasota County
Domestic Violence Charges Dismissed in 10 Days
When a client was arrested for battery after an altercation with his girlfriend, he immediately contacted attorney Erika Valcarcel. The client was adamant that the entire situation was a misunderstanding, but nevertheless he was looking at a domestic violence conviction and potentially up to a year in jail. We acted fast on his behalf and discussed the situation with the State attorney’s office. We informed the prosecutor that our client's girlfriend did not want to proceed and highlighted the weaknesses in their case. Once they were aware of these developments, we successfully arranged to have the charges dismissed. This was all before our client's first court date and impressively all done within 10 days of the initial arrest.
