Elizabeth, NJ Disorderly Conduct Lawyer

New Jersey Disorderly Conduct charge is a petty disorderly persons offense in New Jersey, meaning it’s considered a minor crime. However, don’t let the “petty” label fool you – a conviction can still have significant consequences, including fines, jail time, and a criminal record. New Jersey disorderly conduct is codified under NJSA 2C:33-2. Disorderly conduct is usually charged with harassment, and simple assault. If you or a loved one is facing a disorderly conduct charge in New Jersey, then you should speak to a lawyer right away. If you are seeking legal representation for a disorderly conduct charge in New Jersey, then Attorney Brett M. Rosen is an excellent choice. Here’s why:

1. Experience: Brett M. Rosen is a seasoned lawyer, licensed in both New York and New Jersey. He has been practicing law for over 8 years, specializing in criminal and civil litigation.
2. Client Satisfaction: Rosen has received high praise from his clients for his professionalism and effectiveness. Clients have described him as “the example of a true winner” and “one of NJ’s finest attorneys”.
3. Trial Skills: Rosen has demonstrated exceptional trial skills, standing ‘toe to toe’ at trial against current and former prosecutors, and certified criminal and civil trial attorneys. His aggressive questioning and thorough approach have been commended by clients.
4. High-Profile Cases: Rosen has handled high-profile cases, including representing a celebrity on their domestic violence case and a Grammy-Award winning artist on their drug cases.
5. Recognition: He has been recognized as a Rising Star by Super Lawyers.

Contact us today for a consultation, or continue reading this page that will provide you with a general overview of the law regarding disorderly conduct in New Jersey, as well as some common defenses that may be available to you.

Definition of Disorderly Conduct Charge in New Jersey

The New Jersey Code of Criminal Justice defines disorderly conduct 2C:33-2a as the following:  

1. if with purpose to cause public inconvenience, annoyance or alarm, or  recklessly creating a risk thereof he/she
   • Engages in fighting or threatening, or in violent or tumultuous behavior;  or
   • Creates a hazardous or physically dangerous condition by any act which serves no legitimate purpose of the actor.

Disorderly conduct under NJSA 2C:33-2b is also defined as the following:

1. in a public place, and with purpose to offend the sensibilities of a hearer or in reckless disregard of the probability of so doing, he addresses unreasonably loud and offensively coarse or abusive language, given the circumstances of the person present and the setting of the utterance, to any person present.

NJSA 2C:33-2 defines public place as, “affecting or likely to affect persons in a place to which the public or a substantial group has access;  among the places included are highways, transport facilities, schools, prisons, apartment houses, places of business or amusement, or any neighborhood.”

Penalties for Disorderly Conduct Charge in New Jersey

A conviction for disorderly conduct is a petty disorderly persons offense (commonly referred to in other jurisdictions as a petty misdemeanor). A conviction can result in the following penalties:

• Up to 30 days in county jail
• A fine of up to $500
• Probation
• Community service
• Restitution if property was damaged

Defenses to New Jersey Disorderly Conduct Charge

There are several defenses that may be available to someone charged with disorderly conduct. Here are some possible defenses and details for the New Jersey charge of disorderly conduct:

• Lack of intent: To be guilty of disorderly conduct, you must have acted with the purpose to cause public inconvenience, annoyance, or alarm, or recklessly created a risk of doing so. If you can show that you did not have such intent, or that your actions were accidental, reasonable, or justified, you may be able to avoid conviction.
• Insufficient evidence: The prosecution must prove beyond a reasonable doubt that you committed disorderly conduct. If the evidence against you is weak, unreliable, or inconsistent, you may be able to challenge it and raise reasonable doubt in the court. For example, if there are no witnesses, video recordings, or physical evidence to support the charge, or if the witnesses have conflicting or biased testimonies, you may be able to cast doubt on the prosecution’s case.
• First Amendment rights: The disorderly conduct statute prohibits using offensive language in public to offend the emotional response of others or in reckless disregard of doing so. However, this provision may violate your First Amendment rights to free speech, especially if the language you used was not obscene, threatening, or inciting violence. Courts have ruled that the mere use of profanity or coarse language is not enough to constitute disorderly conduct unless it is likely to trigger a violent response from others.
• Carry order: One way to defeat a disorderly conduct charge in New Jersey is called a “carry order.” This is where the prosecutor and judge agree to carry the case for a certain amount of time. It is typically carried for 60 to 90 days. The reason it is usually carried is for the defendant to complete some type of counseling.
• Self-defense: If the defendant was acting in self-defense, they may not be convicted of disorderly conduct.
• Entrapment: If the police encouraged or induced the defendant to commit the crime, they may not be convicted of disorderly conduct.

If you are charged with disorderly conduct in New Jersey, it is important to consult with an experienced criminal defense attorney immediately. An attorney can advise you of your rights, help you understand the charges against you, and develop a strong defense strategy. Contact our law firm today to discuss you or your loved one’s case.

Differences between Disorderly Conduct & Harassment

Both disorderly conduct and harassment are offenses in New Jersey that involve disruptive or annoying behavior, but they have distinct key differences:

1. Intent:

• Disorderly conduct: Focuses on the act itself and its disruptive nature, regardless of the perpetrator’s intent. It’s about disturbing the peace and quiet of the public in a public place.
• Harassment: Requires intent to harass or annoy the victim. The perpetrator’s actions must be directed towards a specific person and aimed at causing them alarm, annoyance, or emotional distress.

2. Behavior:

• Disorderly conduct: Encompasses a wider range of behaviors like fighting, using offensive language, public intoxication, blocking sidewalks, or creating a public nuisance.
• Harassment: Has specific types of prohibited behaviors, including:
  • Making repeated unwanted communications (e.g., phone calls, texts, emails)
  • Following or stalking the victim
  • Subjecting the victim to offensive touching or threats

3. Examples:

• Disorderly conduct: Yelling at someone in a restaurant, getting into a physical altercation without serious injuries, playing loud music late at night.
• Harassment: Sending repeated threatening messages to someone, following them around town, making unwanted sexual advances.

Here’s a table summarizing the key differences:

In short:

• Disorderly conduct is about disrupting the peace and quiet of the public, while harassment is about intentionally bothering or alarming a specific person.
• Disorderly conduct typically involves one-time incidents, while harassment often involves repeated unwanted contact.

Frequently Asked Questions (FAQs) 

1. What behaviors are considered disorderly conduct in New Jersey? People are curious about what actions can lead to a disorderly conduct charge. Generally, it includes causing public inconvenience, annoyance, or alarm through fighting, threatening, or creating hazardous conditions without legitimate purpose.

2. Is disorderly conduct a serious offense in New Jersey? There’s interest in how the law classifies disorderly conduct. In New Jersey, it’s typically considered a petty disorderly persons offense, which is less severe than a felony but still a criminal charge that can appear on background checks.

3. What are the penalties for disorderly conduct in New Jersey? Individuals want to know the potential penalties. A conviction can result in up to 30 days in jail and a fine of up to $500.

4. Can disorderly conduct charges be expunged in New Jersey? Questions arise about clearing one’s record. Under certain conditions, disorderly conduct charges can be expunged, depending on factors like the time elapsed since the conviction and the individual’s criminal history.

5. Can you get disorderly conduct charges dropped in New Jersey? People ask if it’s possible to have the charges dismissed. With the help of a skilled attorney, charges can sometimes be reduced or dropped, especially if the evidence is challenged successfully.

First-Rate New Jersey Disorderly Conduct Charge Attorney

There are many reasons why you might want to hire Brett M Rosen as your criminal defense attorney. Here are some of them:

• He has been recognized as one of the top criminal defense attorneys of 2023 and has been selected to Thomson Reuters Super Lawyers Rising Stars list for five consecutive years, a recognition that only 2.5% of attorneys in New Jersey receive.
• He has extensive experience in handling criminal cases, including disorderly conduct, domestic violence, sex crimes, drug crimes, gun crimes, internet crimes, theft, and violent crimes.
• He has also handled some high-profile cases involving celebrities and reality stars and has won numerous trials and dismissals for his clients.
• He is passionate, dedicated, and assertive in representing his clients and will fight for your rights and interests.
• He offers free consultations and reasonable fees.

If you are facing a disorderly conduct charge in New Jersey, you need a skilled and experienced lawyer who can protect your reputation and freedom. Brett M Rosen is a lawyer who can do that for you.