Georgia disorderly conduct

If you have been arrested for disorderly conduct in Atlanta or surrounding areas, contact me today to defend your case.  Disorderly conduct laws are often very broad and can prohibit many types of behavior.  For example, the following is part of the City of Atlanta’s statute:

 

Sec. 106-81. – Disorderly conduct.

It shall be unlawful for any person within the corporate limits of the city to engage in any conduct described in the following subsections; provided, however, that no person shall be convicted of any of the following sections upon a showing that the predominant intent of such conduct was to exercise a constitutional right to:

(1)

Act in a violent or tumultuous manner toward another whereby any person is placed in fear of the safety of such person’s life, limb or health;

(2)

Act in a violent or tumultuous manner toward another whereby the property of any person is placed in danger of being damaged or destroyed;

(3)

Cause, provoke or engage in any fight, brawl or riotous conduct so as to endanger the life, limb, health or property of another;

(4)

Assemble or congregate with another or others for the purpose of, or with the intent to, engage in gaming;

(5)

Be in or about any place, alone or with another or others, with the purpose of or intent to engage in any fraudulent scheme, trick or device to obtain any money or valuable thing; or to aid or abet any person or persons in doing so;

(6)

Direct fighting words toward another, that is, words which by their very nature tend to incite an immediate breach of the peace;

(7)

Interfere, by acts of physical obstruction, another’s pursuit of a lawful occupation;

(8)

Congregate with another or others in or on any public way so as to halt the flow of vehicular or pedestrian traffic, and to fail to clear that public way after being ordered to do so by a city police officer or other lawful authority;

(9)

Stand or remain in or about any street, sidewalk, overpass or public way so as to impede the flow of vehicular or pedestrian traffic, and to fail to clear such street, sidewalk, overpass or public way after being ordered to do so by a police officer or other lawful authority;

(10)

Disrupt by actions which tend to incite a breach of the peace the undisturbed activities of any house of worship, hospital, surgi-center, or home for the elderly; or

(11)

Throw bottles, paper, cans, glass, sticks, stones, missiles or any other debris on public property.

(12)

Accost or force oneself upon the company of another;

 

As you can see, this law bans 12 types of conduct or actions.  Disorderly conduct laws are often used as a ‘catch all’ law by police  if they can’t find a separate statute that you are in violation of.

If you would like to learn more about how I approach and defend these cases, as well as some common scenarios, please see my page: Atlanta Disorderly Conduct Laws, or email/call me directly.   I am happy to discuss your case with you and give you my assessment of how I would best defend your case.

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Almost all Metro Atlanta cities and the State of Georgia have a disorderly conduct law.  While disorderly conduct laws very slightly depending on where you are, they basically all outlaw the same type of actions.  These are usually catch-all laws that can be stretched around almost any type of conduct, but are commonly used to prosecute people under the influence and unruly and those disturbing the peace.

Typically, those charged with disorderly conduct violations are arrested, which can lead to long term problems with criminal background checks, as arrests and convictions could be reported to the State of Georgia and even Federal government.  If charged with disorderly conduct, it is important to understand the difference between a local ordinance charge and a state law charge; the differences in how the crimes are reported can be vital in securing the best result possible for your case.

Frequently, plea bargains can be obtained on disorderly conduct charges that result in the charges being dropped.  Sometimes, if your record is clear, and you have a strong case, expungment is also obtainable.  Community service, fines, probation, and some amount of counseling and/or classes are all things I have seen clients sentenced to in disorderly conduct cases. If you have been charged with disorderly conduct, or a similar charge (disorderly under the influence, drunk and disorderly, interference with public property, obstruction) give me a call today to discuss your defense options.  Remember, how you plea and the fine print on any negotiated pleas can have lifelong effects on your record.  Call me or email me today and I will be happy to review your case with you.

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