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Is Jail Time Possible After a Disorderly Conduct Conviction?

Disorderly conduct is a common criminal charge. Let’s discuss what constitutes disorderly conduct, and if jail time is one of the potential penalties for this offense.

What is Disorderly Conduct in Florida?

Disorderly conduct is also called breach of peace in Florida. According to Florida Statute 877.03, disorderly conduct occurs when an individual publicly does something immoral or indecent in public, affects the peace of the persons who witness them, or engages in public fighting or brawling.

Disorderly conduct charges commonly stem from incidents like:

  • Loitering
  • Obstructing traffic
  • Inciting a riot
  • Fighting
  • Making loud, unreasonable noise
  • Use of obscene language

Disorderly conduct arrests are often based on the discretion of the officer. If they believe the individual is breaching the peace, they can make an arrest. This is complicated as each person’s definitions of disorderly conduct vary.

Penalties for Disorderly Conduct

Disorderly conduct is typically a second-degree misdemeanor offense in Florida.

This offense is punishable by:

  • Up to 60 days in jail
  • Up to $500 in fines
  • Up to six months of probation

While jail time is a potential penalty for disorderly conduct, working on your defense with an experienced attorney will give you the best chance of avoiding this punishment. With a strong defense team by your side, it’s likely you can receive a reduced sentence or have your case dropped altogether.

Some common defenses for disorderly conduct include:

  • You were using your right to free speech
  • You were not in a public setting at the time of the alleged offense
  • You did not do anything that justified formal criminal charges

Disorderly Conduct in Fort Lauderdale

Our team at Hager & Schwartz, P.A. can help you after you were charged with breaching the peace in Florida. We know that these cases often involve minor offenses that are only criminalized because of where they occurred. We want to help keep this charge off your record. Call us today at (954) 840-8713 to speak with our defense attorneys.