Disorderly Conduct Charges: Madison Criminal Defense Attorney
Disorderly Conduct in Madison
It’s just a ticket, right? Wrong. After an incident involving the police many people who see disorderly conduct on their citation believe it’s a ticket and figure it’s no big deal. However, a disorderly conduct charge in Madison, Fitchburg or in Dane County can come with serious penalties depending on the circumstances. It might be a ticket, but it could be a criminal offense that leads to your loss of firearm rights for life.
What is Disorderly Conduct?
According to Wisconsin statute 947.01, disorderly conduct is any behavior; whether public or private that could provoke or disturb others and is a Class B misdemeanor.
Conduct that classifies as disorderly conduct includes:
- Profanity or hate speech
- Indecent behavior
- Talking unreasonably loud
- Unlawful assembly
- Anything that could provoke a disturbance
An experienced Grieve Law Attorney can walk you through the complicated web of disorderly conduct definitions and how they’ll affect your case.
What If No One Was Disturbed?
A common misconception is that there's victim involved in a disorderly conduct charge. This is inaccurate since by definition, disorderly conduct is any action that could provoke a disturbance. For example, someone is yelling obscenities in a bank but they aren’t directing it at any one patron or teller; this is a disorderly conduct violation because their behavior may lead to a violent or verbal retaliation.
What Kind of Penalties Will I Face?
In Wisconsin, a disorderly conduct charge is a Class B misdemeanor, and carry a maximum penalty of 90 days in jail, a $1000 fine, or both. If your arrest is a result of unlawful assembly; this is a Class A misdemeanor, and comes with a maximum penalty of 9 months in jail, a $10,000 fine or both.
As a forfeiture violation, a disorderly conduct citation comes with an extra fine but possibly no jail time. While you may think “just a ticket” is no big deal, these citations will show up in background checks throughout your life. Prosecutors have discretion to charge your case as criminal or as a forfeiture based on the circumstances of your case. Our Grieve Law attorneys have had success getting these citations dismissed.
You are only a criminal if you are convicted™
If I Have a Concealed Carry Firearm Will I Be Charged With Disorderly Conduct?
In Wisconsin it is legal to openly carry a firearm for protection. Unless that weapon was used with criminal or malicious intent you cannot be charged a disorderly conduct violation if you have the proper license. (Wis. Stat. Ann. § 947.01.)
Disorderly Conduct With a Domestic Violence Enhancer
If you are having a dispute with family, roommates, or a significant other a domestic violence enhancer may be added to your disorderly conduct charge. This would jeopardize your right to a own a firearm. The experienced attorneys at Grieve Law work strategically to keep those firearm rights and keep your record clean.
In domestic violence situations, you will not be allowed to have contact with the other party involved for 72 hours. This is known as the “72 hour no contact provision”, which serves to protect both parties from any further harm as a result of a domestic violence situation. In addition, the prosecuting attorneys may call for a “no contact provision”, which is separate from the “72 hour no contact provision”. The “no contact provision” prohibits contact with the other person involved until your court date and violating it would result in bail jumping, which is a separate crime.
Madison Disorderly Conduct Attorneys Are Here to Help
A good criminal defense attorney will be able to build a defense to get your charges reduced or even dismissed.
Contact a Madison Disorderly Conduct attorneys to evaluate your legal issues with a FREE phone consultation today to create the strong defense your case deserves. Grieve Law attorneys have experience finding all the important information that sets your case apart from the rest. Madison-area residents and all of Wisconsin trust Tom Grieve of Grieve Law LLC for a strategic defense.