Beating Disorderly Conduct Charges in NJ: Defense Strategies for NJSA 2C:33-2 Cases

“Disorderly conduct NJ 2C:33-2 is a very common charge and there are a number of defense strategies that you can use to fight it.”

Fight Disorderly Conduct Charges in Hoboken, Morristown, East Rutherford NJ

Arrested for Disorderly Conduct in NJ

Disorderly conduct is a very broad criminal charge. It can be related to a bar fight, a verbal argument, or failure to obey the instructions of law enforcement officers. It can also be related to “drunk and disorderly” behavior such as public intoxication or urinating in public.  In any event, it could lead to a permanent criminal charge on your record.

The criminal defense lawyers at The Tormey Law Firm handle disorderly conduct on a regular basis.  We have current New Jersey prosecutors on our staff helping us to assess cases from both sides of the court-room, and you can read about the strategies that we specifically use to Beat Disorderly Conduct Cases in addition to the Top 5 Ways To Beat Any Criminal Charge. Finally, you can even read about some of our disorderly conduct success stories on this site.

What is Disorderly Conduct?

Disorderly conduct is a petty disorderly persons offense in New Jersey. It is the lowest level criminal offense we have in New Jersey but it is considered a criminal charge. As a result, if you are convicted, this charge will show up on your permanent record. You may be able to expunge it after five (5) years in some cases but it is best to avoid this charge on your record in the first place if possible.  You are also facing up to thirty (30) days in the county jail and a $500 fine. You could also receive probation if you are convicted of this offense.  These are a few of the good reasons to hire an attorney experienced in dealing with such cases.

An experienced criminal lawyer can often get this criminal charge downgraded or dismissed entirely. Disorderly conduct is clearly a very vague charge and covers any and all “tumultuous behavior”. However, many times prosecutors are willing to downgrade this criminal charge to a local ordinance violation for disturbing the peace or a noise violation which results in a fine and no criminal record. These local ordinance violations are on the level of a littering ticket and will have no long term impact on your future. It’s essentially the same as having a party at your house and having too many people over and the police are called and they write you a noise violation. This is a violation of local law and not the New Jersey Criminal Code. Consequently, it results in a fine and no record.

New Jersey Disorderly Conduct Law: NJSA 2C:33-2

a. Improper behavior. A person is guilty of a petty disorderly persons offense, if with purpose to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof if he or she:

(1) Engages in fighting or threatening, or in violent or tumultuous behavior; or

(2) Creates a hazardous or physically dangerous condition by any act which serves no legitimate purpose of the actor.

b. Offensive language. A person is guilty of a petty disorderly persons offense if, 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.

Possible Outcomes for a Disorderly Conduct Charge in NJ

Here are some potential ways our criminal defense attorneys resolve disorderly conduct charges in NJ (which we have literally done hundreds of times over the last 18 years):

• Dismissal
• Downgrade to a non-criminal offense (local ordinance/municipal ordinance/town ordinance) which results in a fine and no record
• Conditional dismissal program – probation for one year then the case is dismissed
• Carry order – Carry the case for 60 or 90 days to allow defendant to complete counseling (drugs, alcohol, etc.) or anger management and provide proof to the court and then the case is dismissed.

Frequently Asked Questions (FAQ) About Disorderly Conduct Charges in NJ

FAQ: Is disorderly conduct a criminal charge? Yes, it’s a petty disorderly persons charge which is the lowest level criminal offense we have in NJ.

FAQ: Where will my disorderly conduct case be handled? As long as you don’t have any felony charges along with it (such as aggravated assault) then your charges will be handled in the local Municipal Court in the town in which you were arrested and charged.

FAQ: Am I facing jail time? Up to thirty (30) days in jail.

FAQ: Can I expunge this off of my record? It depends on how your case is resolved. If the case is dismissed, you are eligible right away for an automatic expungement of the arrest. If you plea to a downgraded local ordinance violation, it’s a two (2) year waiting period before you can expunge the arrest. If you complete a conditional dismissal it’s a six (6) month waiting period before you can expunge the arrest. Finally, if you are convicted of disorderly conduct then it’s 3-5 years before you can expunge it off of your record.

Arrested for Disorderly Conduct NJ? Contact us Now

If you are a young person or anyone in New Jersey, it is imperative that you keep your record clean. Even a minor charge like disorderly conduct can prevent you from getting into the school you want or getting a job. The Tormey Law Firm can help. Contact our offices anytime for a free initial consultation at (201) 556-1570.