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Disorderly conduct is one of the most common misdemeanor charges in Wisconsin. They are common charges because they have a wide application and can come out of many different situations. Someone can be charged with disorderly conduct for anything from an argument with their spouse to a fist fight at a bar to swearing at an officer.
Disorderly conduct is one of the most common charges in the state of Wisconsin. Disorderly conduct charges often other charges such as domestic violence modifiers because legally disorderly conduct has broad applications.
Disorderly conduct is defined by Wisconsin statute § 947.01(1) which states that a person is guilty of disorderly conduct if, “in a public or private place, engages in violent, abusive, indecent, profane, boisterous, unreasonably loud, or otherwise disorderly conduct under circumstances in which the conduct tends to cause or provoke a disturbance.”
Disorderly conduct essentially means someone acted in a way that disturbs the peace or causes a scene. If your behavior seriously bothers others or risks starting trouble, you could be charged with disorderly conduct. However, disorderly conduct requires not only disruptive behavior, but also that the conduct, under the circumstances as they then existed, was likely to cause or provoke a disturbance. This phrase is legal speak that means the jury has to consider the behavior in context including considering the location, the people present, and the surrounding conditions.
There are a variety of factors that go into determining a defense strategy for disorderly conduct charges in Wisconsin. Each case will have different defense strategies, but common defenses include arguing that:
Especially if the actions were harmless, misunderstood, or did not actually cause a disturbance, then a lack of evidence argument can be a strong defense. If witness testimony is inconsistent, their credibility can be questioned through cross-examination. Additionally, if the alleged disorderly conduct was in response to a threat or danger, the defense could emphasize that the actions were justified under the circumstances.
Judges and juries will have to weigh the context of the action. For example, behavior that may be reasonable at a football game might not be appropriate for a quiet neighborhood. By challenging whether the conduct actually provoked a disturbance, asserting your constitutional right to free speech, or exposing weaknesses in the prosecution’s case, the charges may be able to be reduced or dismissed entirely.
Common examples of disorderly conduct include:
A driver who gets out of their car at a stoplight to yell profanities at another driver is engaging in behavior that disturbs the public’s peace and safety, therefore it could be charged as disorderly conduct. If two neighbors begin arguing about property lines, noise, or parking, and the disagreement escalates to yelling, swearing, making threats, or causing a loud disturbance that alarms others nearby, the neighbors, that too could be charged with disorderly conduct. Because of its broad scope, disorderly conduct charges can arise from minor incidents such as shouting during a heated argument or from more serious incidents involving threats or aggressive behavior.
In Wisconsin, disorderly conduct charges can often overlap with domestic violence when disruptive or abusive behavior occurs within intimate or household relationships. The prosecutor can add a domestic abuse enhancer to any charge involving a current or former significant other, another adult with whom the person currently or formerly resided, or another adult with whom the person has a child in common.
Common examples include loud arguments, threats, or physical altercations in the home that provoke a disturbance. Heated disputes between spouses or partners that escalate to shouting, throwing objects, or physical contact could be charged as disorderly conduct when they cause or provoke a disturbance. Additionally, using profane, abusive, or intimidating words towards a partner or family member may qualify as disorderly conduct. Even if no visible injury occurs, or there was no pain, pushing, shoving, or slapping during a domestic dispute could lead to disorderly conduct charges.
When someone is stopped for an OWI, disorderly conduct can be added for any one of several reasons. Defiance of a police officer’s order to move is itself disorderly conduct if the officer’s order is lawful. Raising your voice, shouting profanities, or refusing to comply with lawful commands during the stop can be charged as disorderly conduct. Kicking the seat inside of the squad car, causing a disturbance on the side of the road, yelling profanities, or threats to law enforcement, or threatening gestures could lead to disorderly conduct charges.
While public intoxication does not automatically equal disorderly conduct, it can often play a role in how these charges arise. Alcohol often amplifies disruptive behavior, like yelling, fighting, or refusing police orders, making it more likely to be prosecuted for disorderly conduct. Being intoxicated in public is not itself a crime, but if intoxication results in conduct that provokes a disturbance, disorderly conduct charges could be made. The law targets conduct, not mere intoxication.
In Wisconsin, disorderly conduct is a Class B misdemeanor. According to Wisconsin statute § 939.51, the penalties for a Class B misdemeanor can carry a maximum of 90 days in jail, a $1,000 fine, or both. There is no mandatory minimum penalty, so the judge is not required to impose a fine or a jail sentence. However, if you are charged with the domestic abuse enhancer, the court must impose a $100 fine pursuant to Wisconsin statute § 973.055.
Alternative sentence options may be available for disorderly conduct, including deferred prosecution agreements. A deferred prosecution agreement (DPA) often requires completion of community service, programming, treatment, or a combination, which may result in a reduced charge or dismissal.
Domestic violence convictions result in a loss of the right to carry a firearm. However, the Wisconsin Supreme Court has determined that disorderly conduct does not itself rise to the federal definition of domestic violence. If you are convicted for disorderly conduct with domestic abuse enhancements, then the application of that law is still open to the interpretation as to whether you are permitted to possess a firearm. It will depend on how your case specifically concludes.
If you are convicted of disorderly conduct, the conviction will be permanently on your record. If the court finds you eligible for expungement, your conviction may be sealed once you have completed the terms required by the court to get an expungement. Expungement for a misdemeanor can only be ordered if the following conditions are met:
There are no exceptions to these conditions. Expungement must be ordered at the time of sentencing and cannot be requested at a later time.
If the court orders that the conviction is eligible for expungement, you are required to complete the entirety of the sentence before expungement could be granted. If the court orders a monetary penalty, you will be required to pay the fine in its entirety before filing a petition to expunge the conviction. If you are placed on probation, you will have to successfully complete the term of probation and all requirements of probation before the conviction can be expunged. If you are on probation, you will not need to petition the court for expungement as the Department of Corrections will forward proof of successful completion to the court of record at which point you would be automatically eligible for expungement. However, some courts require that the defendant still file the petition for expungement before it will be granted, even if all terms have been met. An order of expungement requires the court to seal all records relating to the conviction on the public-facing database known as the Wisconsin Circuit Court Access Page (CCAP). Expungement, however, is different from a pardon and does not reverse, set aside, or vacate the order of conviction.
Even though disorderly conduct is a misdemeanor offense and is less severe than a felony, a conviction could affect employment, housing, government benefits, and future legal matters. Since it is common for courts to impose a “no-contact” provision for conditions of bond or probation, you may be required to find alternative housing and childcare. Knowing that there could be life altering consequences for a disorderly conduct conviction, it is important to seek an educated, experienced lawyer to help you understand the charges, penalties, and defenses you have available based on your specific circumstances.
