- Criminal Defense
Disorderly conduct in Tennessee is a criminal offense that generally involves behavior intended to cause public inconvenience, annoyance, or alarm. It covers actions such as fighting, creating hazardous conditions, and making excessive noise in public places.
Even though it’s a relatively minor offense, being convicted of disorderly conduct can have long-term consequences, including fines, a criminal record, and potentially jail time. Understanding what constitutes disorderly conduct and the potential defenses with the help of a criminal defense attorney is vital for anyone charged with this offense.
What is Disorderly Conduct?
Under Tennessee Code Annotated § 39-17-305, disorderly conduct is defined as actions that deliberately disturb the public order. The statute specifically highlights behavior that involves:
- Intent to cause public inconvenience, annoyance, or alarm.
- Reckless disregard for the impact of one’s actions on others.
Key examples of behavior that fall under disorderly conduct include:
- Fighting or engaging in violent behavior.
- Making unreasonable noise or disturbing a lawful assembly.
- Creating a hazardous or physically offensive condition without legal justification.
These actions don’t have to result in actual harm to others. The mere intention to disrupt the peace or act recklessly in public can be enough to qualify as disorderly conduct in Tennessee.
Types of Disorderly Conduct
Disorderly conduct in Tennessee can take various forms, including public intoxication, fighting, creating excessive noise, or causing a public disturbance that disrupts peace and order.
- Fighting or Violent Behavior – Engaging in physical altercations or threatening violence in public is one of the most common forms of disorderly conduct.
- Unreasonable Noise or Disruption – Individuals who create excessive noise, disturb gatherings, or otherwise disrupt peaceful assemblies may be charged with disorderly conduct.
- Creating Hazardous Conditions – Intentionally creating situations that pose a risk to public safety, such as blocking exits in a crowded area, also qualifies as disorderly conduct in Tennessee.
Common Examples of Disorderly Conduct in Tennessee
Common examples of disorderly conduct in Tennessee include public intoxication, engaging in fights or brawls, making unreasonable noise in a public space, or obstructing traffic and public access, all of which can disturb the peace and lead to legal consequences.
I. Public Disturbances
Disorderly conduct often occurs in situations where public peace is disturbed. Common examples of disorderly conduct in Tennessee include bar fights, protests that escalate into violence, or public intoxication that leads to disruption. In these scenarios, law enforcement typically steps in to restore order and may arrest those involved for disorderly conduct.
II. Disruptive Behavior in Public Places
Disruptive behavior in schools, government buildings, or public parks can also lead to disorderly conduct charges. For instance, causing a scene in a school or disrupting a public event at a park could be grounds for an arrest. Even non-violent acts, such as refusing to comply with a lawful order to leave a public space, can be considered disorderly conduct in Tennessee.
III. Obstructing Traffic or Public Ways
Blocking traffic or public walkways without legal justification can lead to disorderly conduct charges. For example, someone intentionally standing in the middle of a road during a protest without proper permits or creating barriers to public services could be arrested for disorderly conduct.
Penalties for Disorderly Conduct in Tennessee
The penalties for disorderly conduct in Tennessee typically include being charged with a Class C misdemeanor, which may result in fines of up to $50, possible jail time of up to 30 days, and a permanent mark on your criminal record, depending on the severity of the offense and any aggravating factors.
Class C Misdemeanor
In Tennessee, disorderly conduct is classified as a Class C misdemeanor. The penalties for this offense include fines of up to $50 and up to 30 days in jail.
Although these penalties may seem minor compared to other criminal charges, a conviction for disorderly conduct can still have long-term implications, especially if it results in a criminal record.
Aggravating Circumstances
Certain factors can elevate disorderly conduct charges to more severe offenses. For example, if the conduct involves threats of violence, actual violence, or occurs near a school, the penalties may be more severe, and additional charges may be filed. In such cases, the consequences could go beyond a simple fine or short jail sentence.
Defenses Against Disorderly Conduct Charges
Facing a disorderly conduct charge doesn’t mean automatic guilt. Several defenses can be used to challenge the charges in court:
I. Lack of Intent
One of the most common defenses is arguing that there was no intent to cause public inconvenience, alarm, or disruption. If the behavior in question was accidental or not meant to disturb the peace, this defense could lead to the charges being dismissed or reduced.
II. Freedom of Speech or Assembly
The First Amendment protects the right to free speech and peaceful assembly. In cases where disorderly conduct charges stem from participation in protests or public gatherings, the defense may argue that the behavior was protected under the Constitution, particularly if no violence or illegal activity occurred.
III. Self-Defense
In some cases, an individual may be charged with disorderly conduct for engaging in a fight or physical altercation. If the person acted in self-defense, this could be a valid defense against the charge, especially if they were responding to an imminent threat.
How a Tennessee Criminal Defense Attorney Can Help
A Tennessee lawyer can help by thoroughly evaluating your disorderly conduct case, building a strong defense to challenge the charges, negotiating for reduced penalties, and ensuring that your rights are protected throughout the legal process.
I. Navigating the Legal System
An experienced Tennessee criminal defense attorney plays a crucial role in navigating the legal system. They can gather evidence, review police reports, and build a strong defense to challenge the disorderly conduct charges. Having a lawyer by your side ensures that your rights are protected throughout the legal process.
II. Reducing Penalties
For first-time offenders or those facing minor disorderly conduct charges, a defense attorney can negotiate with prosecutors to reduce penalties. This may involve pleading to a lesser offense or seeking alternatives to jail time, such as community service.
III. Protecting Your Record
A disorderly conduct conviction can have long-term effects on your life, including difficulties in finding employment, housing, or education opportunities. A lawyer can work to prevent a conviction or keep the charge off your record, protecting your future.
Get the Effective and Experienced Legal Help for Disorderly Conduct in Tennessee!
Disorderly conduct in Tennessee covers a range of behaviors that disrupt public peace and safety. While it is typically a minor offense, it can still carry serious consequences, including fines, jail time, and a lasting criminal record. Defending against a disorderly conduct charge often involves proving a lack of intent, asserting constitutional rights, or claiming self-defense.
If you are facing a disorderly conduct charge, it’s essential to seek legal representation to protect your rights and explore your options. Call Nash Law 615-NASH-LAW today for a consultation and get the help you need to safeguard your future.
