Monmouth County Disorderly Conduct Lawyer
Common Question: What can I expect to result from a Disorderly Conduct charge?
Our Monmouth County Criminal Lawyers have successfully handled cases where the original criminal Disorderly Conduct charge is amended to a Municipal Ordinance which a municipal law. In other cases the Disorderly Conduct charges have been flat out dismissed.
Typically these Disorderly Conduct charges are handled in municipal court because they have jurisdiction over a Disorderly Persons charge. However, where the Disorderly Persons charge is charged with other indictable offenses, it can be prosecuted in the Superior County Court.
- Fines range from 0 to $1000
- VCCB Assessment $50
- Safe Neighborhood Assessment $75
- Court Costs $33
- Jail Term $33
- Restitution to victim
If the case is amended to a conviction under the ordinance (a guilty plea is a conviction); the conviction will not appear in New Jersey’s criminal database. Of course the arrest will still be there if you were charged under the New Jersey Criminal Code 2C:33-2, but the conviction will not.
Why is this? Because NJ’s criminal database doesn’t recognize all of the municipal ordinances and therefore cannot record the municipal infraction. Furthermore, if you were only charged with a municipal ordinance, the arrest may not be reflected on your record either.
The distinguishing factors between an ordinance and a criminal charge also apply to answering questions for employment purposes i.e. If an employer asks if you were convicted of a “crime”, you can answer “no”. If they ask if you were ever arrested for or convicted of an “offense” you would have to answer “yes”.
Finally, for expungement purposes if the conviction is an ordinance it can be expunged from your record after two years, if it is a 2C conviction you will have to wait 5 years.
Our Monmouth County Criminal Lawyers have successfully handled Disorderly Conduct cases. If you have a pending Disorderly Conduct charge contact a Monmouth County Criminal Lawyer at Riviere Cresci & Singer LLC. (732)-646-5529
If you are convicted of Disorderly Conduct under N.J.S.A. 2C:33-2, it can result in criminal record and exposure to up to six (6) months in jail, probation, community service and fines . One of our experienced attorneys is a key player in providing you the best possible defense in order to effectively minimize your exposure to this, as well as other criminal charges.
Our NJ law office defends individuals charged with Disorderly Conduct statewide including Monmouth County, Union County, Middlesex County, Burlington County, Ocean County, Essex County, Hudson County, Atlantic County and Mercer County. Contact us today! Lawyer up and get the players you need on your criminal defense team to fight the charges that you face. Below you will find NJ’s Disorderly Conduct law outlined in further detail for your reference.
NJ Disorderly Conduct Law
2C:33-2. Disorderly Conduct.
a. Improper Behavior. A person is guilty of a petty disorderly persons offense, if with the purpose to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof he/she
- Engages in fighting or threatening, or in violent or tumultuous behavior; or
- Creates a hazardous or physically dangerous condition by any act which serves no legitimate purpose of the actor.
What the NJ Disorderly Conduct case law says: In order to successfully convict and accuse one of disorderly conduct the State must prove beyond a reasonable doubt that the defendant caused public inconvenience, public annoyance or public alarm, or a reckless risk thereof, by fighting, threatening, violent or tumultuous conduct, or by creating a hazardous or physically dangerous condition by an act serving no legitimate purpose of the actor. See State v. Stampone, 341 N.J. Super. 247, 255 (App. Div. 2001).
b. Offensive Language. A person is guilty of a petty disorderly persons offense if, in a public place, and with the purpose to offend the sensibilities of a hearer or in reckless disregard of the probability of so doing, he/she addresses unreasonably loud and offensively course or abusive language, given the circumstances of the person present and the setting of the utterance, to any person present. “Public” means affecting or likely to affect persons in a place to which public or a substantial group has access; among the places included are highways, transport facilities, schools, prisons, apartment houses, places of business or amusement, or any neighborhood.
What the NJ Disorderly Conduct case law says: For speech to rise to the level of disorderly conduct and for the conviction to be constitutional, the language must have been spoken in a public place and probable to invite the listener to an immediate breach of the peace. When the language is directed specifically at another individual, and it is of such a nature and spoken under such circumstances as is likely to result in an immediate breach of the peace, it may be constitutionally outlawed. See State v. Brown , 62 N.J. 588, 591 (1973). The words must be spoken in “public” where a significant group can hear them. Many of times the police include charges for Disorderly Conduct against an individual for offensive language, stating in the complaint that the defendant was verbally abusive, however, this type of language does not rise to the level of Disorderly Conduct and our legal defense lawyers will be quick to pick up on this faulty type of police activity.
Contact us today! Lawyer up and get the players you need on your criminal defense team to fight the charges that you face.