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Understanding Disorderly Conduct Charges in Florida

Disorderly conduct is often used as a “catch-all” charge by law enforcement when no other specific criminal elements apply. It frequently arises in situations involving alcohol or as a lesser included offense, such as a reduction from charges like assault, battery, or public intoxication.

If you have no prior criminal history, you may qualify for a pre-trial diversion program, which can help you avoid a conviction.

Penalties and Classification

Disorderly conduct is a second-degree misdemeanor under Florida Statute § 877.03. This offense is punishable by up to 60 days in jail, six months probation, and a $500 fine. In many cases, judges impose probation rather than jail time, especially for first-time offenders.

Common Legal Defenses

One of the most common defenses is the “fighting words” doctrine. These are provocative words that would incite a reasonable person to retaliate. Simply cursing or shouting is not enough for a disorderly conduct conviction unless it rises to that legal threshold.

In some cases, officers may arrest individuals based solely on behavior that appears loud, disruptive, or offensive—yet not criminal. That’s why it’s critical to work with an experienced Sanford criminal defense lawyer who can argue these distinctions and challenge the basis of the arrest.

Key Statutes to Know

If you resist lawful detention during a disorderly conduct incident at a licensed establishment, you could face a first-degree misdemeanor charge under § 509.143(4).


Contact a Central Florida Disorderly Conduct Attorney

If you’ve been charged, accused, or are under investigation for disorderly conduct in Sanford, Orlando, or surrounding counties, contact Ryan N. Yadav, Criminal Defense Attorney. Our team is available 24/7 to provide a free consultation and help protect your rights and your record.