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Disorderly Conduct (N.J.S.A. 2c:33-2)

Facing Disorderly Conduct Charges in NJ?

Resisting ArrestThe charge of “disorderly conduct” sounds vague.   Don’t let the vague name lull you into assuming that the charge is not serious. Disorderly conduct carries significant penalties you need to be aware of.

Let’s get specific.  In New Jersey, disorderly conduct is a petty disorderly persons offense.  It carries up to a 30-day jail sentence and a fine of up to $500.  If a case involves loss or damage to property or other pecuniary loss, the Court can order restitution.  Perhaps more importantly, while this charge is not technically a crime, a conviction of or plea to disorderly conduct will nonetheless appear on your criminal record.

In this competitive and computerized job market, can you afford to have this on your record?

Types of Disorderly Conduct

New Jersey’s disorderly conduct statute is N.J.S.A. 2C: 33-2.  It addresses two types of conduct: improper behavior (under section a.) and offensive language (under section b.).

The more common disorderly conduct charge is under section a.  The State must prove that the defendant caused public inconvenience, annoyance or alarm or recklessly created a risk of these things through certain conduct.  This includes fighting, threatening violent or tumultuous behavior or by creating a hazardous or physically dangerous condition for no legitimate purpose.

Charges under section b. are less common. It involves speech deemed so offensive that an ordinary person could be expected to take offense.

We have successfully defended many of these cases, and have done so by attacking both the vagueness of the wording and the specific elements of this statute.

If you or a loved one has been charged with disorderly conduct, contact the Law Office of Attorney David C. Barry today. He will draw upon his substantial knowledge and experience with this type of charge to advise you and craft an effective defense.

Call David today for a free consultation at (732) 204-7387.