10 Strategies: Fight Misdemeanor Disorderly Conduct Charges

Are you facing a disorderly conduct charge? Feeling overwhelmed? You’re not alone. In this blog, we’ll dive into ten powerful strategies to tackle these charges head-on. You’ll learn how to navigate the legal system with confidence.

From understanding your charges to finding the right attorney, we’ve got you covered. Keep reading to turn the tide in your favor.

1- Know Your Rights

First things first, let’s talk about your rights. When dealing with disorderly conduct charges, knowing your rights is like having a shield.

You have the right to remain silent, and it’s a powerful tool. Use it.

Also, remember that you’re innocent until proven guilty. This isn’t just a saying; it’s your legal armor. We’ll show you how to use these rights to your advantage. Stay tuned, as understanding your rights can make a big difference in your case.

Understanding your constitutional rights is crucial in a disorderly conduct case. These rights protect you during interactions with law enforcement and in court.

Let’s explore them:

Your Right to Remain Silent

This right is a part of the Miranda Rights. It means that anything you say can be used in court. Even what you say before an arrest can be used in court, so be careful. As a reasonable person, it often makes sense to use this right during:

• Arrests
• Interrogations
• Before arrest, if a law enforcement officer is getting chatty to find answers

Remaining silent prevents self-incrimination.

Your Right to an Attorney

You have the right to legal representation. If you can’t afford an attorney, the state must provide one for you.

An attorney helps navigate legal complexities that are difficult to understand unless you’ve studied the law and civil procedure.

Your Right to a Fair Trial

This right ensures your case is heard impartially. You and your defense attorney can challenge evidence and also present your own.

Your Right to Be Free from Unreasonable Searches and Seizures

Law enforcement must have a warrant or probable cause. Probable cause means that law enforcement must have a good reason to search you or seize your property. This right protects your privacy and personal property.

Exercising these rights is not just legal; it’s strategic. Knowing and using your rights sets a strong foundation for your defense. Knowing your rights can change the course of your case.

In the legal world, knowledge is power. Stay informed, stay protected.

2- Understand the Charges in North Carolina

In North Carolina, a disorderly conduct charge is a specific legal offense with clear definitions and penalties outlined in the state’s General Statutes.

Here’s an in-depth look at what this charge entails according to North Carolina law:

Disorderly Conduct Statute in North Carolina

NCGS 14-288.4 defines disorderly conduct as a public disturbance intentionally caused by someone who acts in one of the following ways:

• Make any rude or riotous noise, or be guilty of any disorderly conduct in or near any public building or facility
• Unlawfully write or scribble on, mark, deface, besmear, or injure the walls of any public building or facility, or any statue or monument situated in any public place
• Commit any nuisance in or near any public building or facility.
• Fighting, acting violently, or doing something that could lead to violence soon.
• Using words, gestures, or actions in a way that’s likely to make someone react violently, disrupting the peace.
• Taking over or controlling a building or facility at a school (public or private) without permission from the school’s top administrator or their representative.
• Refusing to leave a school building or facility when asked by:
  • The school’s top administrator or their representative.
  • A firefighter or public health officer, if they’re acting within their official duties.
  • A police officer, if there’s an emergency or one is about to happen at the school.
• After being told not to by the school’s administrator or their representative:
  • You sit, kneel, lie down, or lean in a way that blocks people from getting in or out of a school building or facility.
  • Gather in groups or do anything that disrupts the normal functioning of a school building or facility.
• Disrupting classes or disturbing the peace at a school or on school grounds or disturbing the peace on a public school bus or during school activities.
• Disrupting or disturbing a religious service or assembly.
• Trying to disrupt a funeral, memorial service, or a family’s procession to these services, including military ones. This includes, within 500 feet of the event, two hours before, during, or after the service:
  • Showing images that are threatening or provoke violence.
  • Loudly saying threatening, abusive words, or making noise in a way that disrupts the event.
  • Trying to block people from getting to the funeral or memorial.

Disorderly conduct in North Carolina is a criminal offense with penalties that can include a criminal record, jail time, and even prison time. A disorderly conduct charge is not nothing. Later we’ll explore the penalties a defendant may face for an act of disorderly conduct.

Next, we’ll look at Raleigh’s sound ordinances and see why others can sometimes report “disorderly conduct” when their neighbors are being loud.

Unreasonable Noise Ordinances in Raleigh

In Raleigh, North Carolina, the noise ordinance is a detailed set of rules designed to regulate unreasonable noise levels and maintain public peace. The ordinance defines daytime hours as 7:00 a.m. to 11:00 p.m. and nighttime hours as 11:00 p.m. to 7:00 a.m.

Noise level restrictions depend on the zoning district, with residential areas having the strictest limits: 55 dB(A) during the day and 45 dB(A) at night. Commercial and industrial zones allow higher levels.

Making unreasonable noise and exceeding these set limits can result in fines or a misdemeanor charge, reflecting the city’s commitment to preserving a tranquil environment for its residents.

Classification and Penalties

General disorderly conduct is classified as a Class 2 misdemeanor in North Carolina. A person who willfully engages in disorderly conduct is guilty of this charge.

Penalties for a first-offense conviction can include up to 60 days in jail and a fine of up to $1,000.

Enhanced Penalties: For Repeat Offenses Against Funerals or Memorials

• A Class 1 misdemeanor for a first offense.
• Class I felony for a second offense.
• Class H felony for a third or subsequent offense.

Similar Charges include:

• Intoxicated and disruptive (NCGS § 14-444): When you add alcohol use to disruptive behavior in a public place, you can be convicted of this criminal violation of public order and peace.
• Assault and Battery (NCGS § 14-33): Another crime often involving a breach of public peace. This charge can often accompany a disorderly conduct charge.
• Resisting arrest or resisting a public officer (NCGS 14-223): This behavior can be a vocal or physical resistance of a police officer trying to arrest you. You can face jail time for this crime depending on the manner of your behavior toward the officer.

3- Hire a Competent Attorney

It’s essential to find the best legal champion you can afford. A skilled attorney can make all the difference in your case.

You need someone who’s savvy with North Carolina’s disorderly conduct laws. They should be a pro at navigating the local courts. And the right attorney will help you understand legal jargon. They will make your best legal strategies clear for you to understand.

They’re not just your lawyer; they’re your negotiator and guide. Clear communication is a must. Pick someone you trust to fight fiercely for you. Your choice here is crucial, so look at reviews and ask a potential attorney questions before deciding if they are right for you.

4- Gather Evidence

Collecting evidence is your next big move. Start by jotting down everything you remember about the incident. Details matter, so don’t leave anything out.

• Do you have photos or videos? They can be solid gold in court.
• Eyewitness accounts? Gather their contact information.
• Text messages or emails related to the incident can also help.

Remember, every piece of evidence can strengthen your defense. It’s all about building a strong, fact-based case. So, start digging and compile everything you can!

5- Identify Witnesses

Witnesses can turn the tide in your favor. Think about who was there when the incident happened. These people can offer a different perspective on the events.

Talk to potential witnesses as soon as possible. Get their contact information and a brief summary of what they saw.

Your attorney can then follow up with them. A witness’s testimony can provide crucial support for your defense. It can challenge the prosecution’s version of events.

So, identify and connect with your witnesses. Their insights could be the key to your case.

6- Consider Plea Bargains

Sometimes, fighting the charge head-on isn’t your best option. That’s where plea bargains come in. It’s a deal where you might plead guilty to a lesser charge or earn a dismissal. This can mean lighter penalties.

Your criminal defense attorney can negotiate this for you. They’ll weigh the strength of your case against the offer. It’s about finding the best outcome for you.

Though it may seem like it, plea bargains aren’t about admitting defeat. They’re strategic moves. Consider them carefully. They might be your ticket to a quicker, more certain resolution.

7- Challenge the Prosecution’s Evidence

Challenging the evidence against you is a critical step. Look closely at what the prosecution presents. Find any weaknesses or inconsistencies.

Your attorney can question the reliability and legality of the evidence.

• Were there issues with how the evidence was collected?
• Is the testimony against you credible?
• Did your behavior fall under a constitutional right to express yourself?

Questioning these aspects can create doubt about your guilt. This strategy can significantly weaken the prosecution’s case. A solid defense often lies in the details of the evidence.

So, scrutinize everything. Your freedom could depend on it.

8- Explore Alternative Sentencing

If conviction seems likely, consider alternative sentencing. This can include community service, counseling, or educational programs. These options often focus on rehabilitation rather than punishment. Discuss with your attorney if you’re eligible. Alternative sentencing can be a win-win. It also offers a chance for personal growth and community contribution. This approach shows the court you’re taking proactive steps. It can positively influence the judge’s decision. Explore these options. They could offer a more constructive outcome for your future.

9- Prepare for Trial

If your case goes to trial, preparation is key. Work closely with your attorney to build a strong defense. Understand the charges and the laws that apply. Get familiar with courtroom procedures. Practice how you’ll respond to questions. This helps you stay calm and clear during the trial. Your attorney will guide you on how to present yourself. They’ll also prepare opening statements, questions for witnesses, and closing arguments. Being well-prepared shows the court you take the charges seriously. It can make a significant difference in the outcome. Remember, a well-prepared defense is your best defense.

10- Appeal if Necessary

If the trial doesn’t go your way, an appeal might be your next step. You can appeal your case to Superior Court and have a trial in front of a jury of 12 people instead of just one judge. If you are convicted again in front of a jury, you can appeal to a higher court. This is where you challenge the court’s decision in a higher court.

Discuss this option with your attorney. They’ll review the trial’s proceedings for any legal errors. An appeal of a jury conviction is not about re-arguing your case. It’s about whether the law was applied correctly.

Timing is crucial in filing an appeal. You’ll have specific deadlines to meet. Understand that appeals can be a lengthy process. They require patience and resilience.

But if there’s a chance of overturning a wrongful conviction, it’s worth considering. An appeal can be a beacon of hope when all seems lost.

Summing Up

You now have a roadmap to navigate disorderly conduct charges in North Carolina. From knowing your rights to possibly appealing a verdict, each step is crucial.

Remember, knowledge and preparation are your best allies. Stay proactive and work closely with your attorney. Every case is unique, and these strategies offer a starting point.

Keep these strategies in mind as you move forward. You have the tools to fight for the best possible outcome.

We Can Help

At Scharff Law, we understand the legal complexities of disorderly conduct cases. Our team is well-versed in the disorderly conduct statute and Raleigh noise ordinances.

Our experienced attorneys handle disorderly conduct misdemeanor cases with a robust defense. Priority ONE is to safeguard your interests and prevent the potential of a criminal record, which can have lasting impacts. We’re skilled in navigating the nuances of disorderly conduct charges, ensuring that your case receives the dedicated and comprehensive defense it deserves.

At Scharff Law, we give the same meaning and attention to every misdemeanor offense, treating you with the respect and diligence you deserve. Get in touch today for a free consultation and find out how we protect your rights at every turn.