Have you been arrested for disorderly conduct in Dayton, Ohio? This charge allows the prosecution significant discretion, and the penalties can vary widely. Don’t let them get away with taking advantage of you; hire Suhre & Associates, LLC, to begin protecting your rights and interests.
Our Dayton disorderly conduct attorneys have a combined 100+ years of experience practicing law. Since our criminal defense law firm was founded, we’ve successfully helped clients overcome even the most serious of criminal cases. We are confident in our ability to help you with your case as well.
How Suhre & Associates, LLC, Can Help With Your Disorderly Conduct Charges in Dayton
Disorderly conduct can be a deceptively serious charge. While the baseline offense doesn’t carry significant consequences, it can be “upgraded” to include the possibility of jail time if one of many factors is present.
With an experienced Dayton criminal defense attorney in your corner, you can rest assured that the prosecution won’t get away with overcharging your case – and that’s exactly the type of legal assistance Suhre & Associates, LLC, can provide you with. When you hire us to help defend you against your disorderly conduct charges, we’ll be able to:
- Conduct substantial legal research and investigative work into the circumstances surrounding your charges and the prosecution’s case against you
- Hire experts, if necessary, to bolster your defense
- Work with the prosecution to have your charges dismissed or reduced if at all possible
- Keep you apprised of your case’s progress and your legal options at every opportunity
If you would like to start forming an attorney-client relationship or more information about how we can assist, reach out today to set up your free, no-strings-attached case review.
Ohio Disorderly Conduct Law
Disorderly conduct is defined under Ohio Revised Code Section 2917.11. Section (A) of the law states that it is illegal to “recklessly cause inconvenience, annoyance, or alarm to another” by engaging in any of the following behaviors:
- Fighting, threatening harm to a person or their property, or engaging in violent behavior
- Making unreasonable noise or communicating grossly abusive language
- Insulting, taunting, or challenging another person
- Hindering or preventing the movement of others in a variety of circumstances
- Creating a condition that is physically offensive to another person
Section (B) covers intoxicated disorderly conduct. Under this portion of the law, it is illegal to engage in any of the following while voluntarily intoxicated:
- Engage in conduct in a public place or in the presence of two or more persons that is likely to be offensive or cause inconvenience, annoyance, or alarm
- Engage in conduct or create a condition that presents a risk of physical harm to another person or their property
Though the types of behaviors under sections (A) and (B) of the statute are similar, there is one key difference. To be convicted under section (A), the prosecution must prove that you were recklessly engaging in the covered type of activity. However, there is no such requirement under section (B), meaning it could be easier for the prosecution to convict if the accused was intoxicated at the time of the incident.
The statute states that, by default, disorderly conduct is a minor misdemeanor. However, if any of the following aggravating factors are present, the charges could be enhanced to a fourth-degree misdemeanor:
- The accused persisted in the disorderly conduct even after being warned to stop
- The offense was committed in a school or school safety zone
- The offense was committed in the presence of law enforcement or another similar type of government official
- The offense was committed in the presence of any emergency facility person who is engaged in their job duties
- The offender has been convicted of disorderly conduct three times previously
This statute has a lot to unpack. The key considerations are the “reckless” requirement to convict described in section (A) and the aggravating factors that can enhance the charges. In addition, note that many of the behaviors listed above are vaguely described, meaning the prosecution can attempt to fit a wide range of conduct into these definitions.
What Penalties and Consequences Can Result from a Disorderly Conduct Conviction in Dayton, OH?
The penalties for a disorderly conduct conviction hinge on whether the charge is a minor misdemeanor or a fourth-degree misdemeanor. The penalty for a minor misdemeanor in Ohio is a fine of up to $150 with no jail time. However, the penalty for a fourth-degree misdemeanor is a jail term of up to 30 days as well as a fine.
A criminal conviction can also lead to a criminal record, which can lead to the following types of collateral consequences:
- Difficulty finding employment or housing
- Trouble with immigration, if applicable
- Harm to one’s personal and professional reputations
Most misdemeanor convictions can be expunged in Ohio after some time has passed and after a hearing is held on the matter. A skilled criminal defense attorney can help you with every aspect of your case, including having your charges expunged if that is a possibility. Contact Suhre & Associates, LLC, today to learn more about your legal options.
What Defenses Can I Raise Against Disorderly Conduct Charges in Ohio?
Many defenses are available to you if you are facing disorderly conduct charges in Dayton, Ohio. The best defenses for your case will depend on the facts and circumstances involved. The prosecution must prove every element of the offense beyond a reasonable doubt, which gives you and your attorney considerable room to form an effective response. Possible defenses to disorderly conduct include but are not limited to:
- You were not acting recklessly at the time of the incident and so did not have the required state of mind
- Your conduct did not meet the definition of the offense
- Your constitutional rights were violated during or after your arrest
- You have an alibi for the offense, or it was a case of mistaken identity
- You were not, in fact, voluntarily intoxicated at the time of the alleged offense
Though the prosecution has discretion in how to pursue these charges, that also means that there is leeway to argue from the other side. With Suhre & Associates, LLC, in your corner, you’ll have trusted legal counsel that will explore every possible avenue to form your defense. Contact our award-winning criminal defense lawyers today if you’re ready to get started.
Schedule a Free Consultation With an Experienced Dayton Disorderly Conduct Attorney
An arrest for disorderly conduct in Dayton, OH, is far from a conviction. There is still time to defend your rights and potentially have your charges reduced, if not dismissed altogether. It is important to act quickly, however, in order to allow for as much time as possible to fight back against your charges.
Call the seasoned Dayton disorderly conduct lawyers with Suhre & Associates, LLC, today to set up your free case review. We’re available 24/7 to take your call.