You can be arrested In Cincinnati, Ohio and charged with disorderly conduct if you recklessly cause inconvenience, annoyance or alarm by:
- Engaging in fighting, in threatening harm to persons or property, or in violent or turbulent behavior;
- Making unreasonable noise or an offensive coarse utterance, gesture, or display or communicating unwarranted and grossly abusive language to any person;
- Insulting, taunting, or challenging another, under circumstances in which that conduct is likely to provoke a violent response;
- Hindering or preventing the movement of persons on a public street, road, highway, or right of way, or to, from, within, or upon public or private property, so as to interfere with the rights of others, and by the any act that serve s no lawful and reasonable purpose of the offender;
- Creating a condition that is physically offensive to persons or that presents a risk of physical harm to persons or property, by any act that serves no lawful reasonable purpose of the offender.
Or, while voluntarily intoxicated:
- In a public place or in the presence of two or more persons, engage in conduct likely to be offensive or to cause inconvenience, annoyance or alarm to persons of ordinary sensibilities, which conduct the offender, if the offender were not intoxicated, should know is likely to have that effect on others;
- Engage in conduct or create a condition that presents a risk of physical harm to the offender or another, or the property of another.
As you can see, this is broad language. Therefore, disorderly conduct is one of the most widely charged offenses by police. In addition, the conduct is subjective to the interpretation by police. Thus, officers have wide discretion when deciding whether the conduct rises to the level of disorderly conduct.
This discretion by police can lead to the charge of disorderly conduct that may be unwarranted. Those unwarranted charges allow an experienced attorney to create a winning defense.
Disorderly conduct has two separate criminal levels. The officer may charge it as a minor misdemeanor with no possibility of jail time and punishable only by a fine. However, most times the officer charges it as a misdemeanor of the fourth degree. A misdemeanor of the fourth degree carries with it the possibility of 30 DAYS IN JAIL and a $250 fine as well as a period of probation.
When you are charged with a disorderly conduct in Cincinnati, an experienced lawyer can help build a winning defense. Many times, if you lack a criminal history, the charge may be eligible for diversion which ultimately leads to a dismissal. Other times, the charge may be reduced or dismissed based on the State’s inability to secure the appropriate witnesses.
There are many defenses to the charge of disorderly conduct. Now is the perfect time to put the knowledge and experience of both a FORMER HAMILTON COUNTY PROSECUTOR & FORMER HAMILTON COUNTY PUBLIC DEFENDER to work for you. We truly do welcome your call for a FREE CONSULTATION.