Free Initial Telephone Consultation
703-539-5825
View Our Practice Areas

What constitutes disorderly conduct?

Disorderly conduct seems like a straightforward offense. However, several factors need to be present, according to Virginia law, for a person to receive formal charges. 

Disorderly conduct is almost always a misdemeanor on its own, but it can become accompanied by other offenses that could qualify as felonies. In addition to the person acting recklessly, there are certain factors that need to be present for disorderly conduct charges to stick. 

Location

Disorderly conduct charges can occur almost anywhere, even if it is not necessarily in public. For example, if a person causes a scene in a school, government building or funeral home, then the disruptive person could face charges even though those buildings are not necessarily in public. Additionally, a landlord can file disorderly conduct charges against his or her renters in their apartment or home. 

Examples of disorderly conduct

This crime can take various forms. Some of the most common examples include:

  • Public drunkenness
  • Reckless behavior in a crowded area
  • Loitering
  • Noise ordinance violations

There may also be instances where a specific occurrence does not fit neatly into another criminal category. In these cases, the police may file it under disorderly conduct. 

Addition of public intoxication

Many people deal with dual charges of public intoxication and disorderly conduct. These are two separate charges that an attorney will need to fight. For these charges to stick, a prosecutor will need to prove the person in question was both in public and intoxicated. Similarly to disorderly conduct, being "in public" can include acting inebriated in a school or government building.

For a court to prove a person was under the influence of alcohol, the prosecution simply needs to show the person consumed alcohol that evening. This can be as simple as a police report stating the person had alcohol on his or her breath. Public intoxication is also a misdemeanor on its own. 

No Comments

Leave a comment
Comment Information

Ronald E. Smith, P.C.

criminal defense & Social security disability law

Contact Our Northern Virginia Office

If you are facing criminal allegations, you need to get an attorney you can trust fighting for you. We are prepared to stand up for your rights.
Contact us online or by telephone at 703-539-5825 to speak with an experienced criminal lawyer.
For your convenience, we offer free initial telephone consultations.

Call 703-539-5825

Call For A Free Consultation

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Office Location
3900 University Drive
Suite 210
Fairfax, VA 22030

Phone: 703-539-5825
Fax: 703-352-3370
Map & Directions