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How Bad Is A “Disorderly Conduct” Charge In Raleigh, NC?

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Of all the things a person could be charged with, “disorderly conduct” sounds rather tame. Another name for it is “disturbing the peace.”

But if it happens to you, realize that it’s because a police officer interpreted your conduct—whatever it was—as a disturbance. When you reach trial, it will be up to a judge to determine if what you were doing actually was disorderly conduct. That’s where a criminal defense attorney can make the difference.

Take even a first-time charge seriously. However tame it sounds, you could still be convicted, serve time in jail, pay fines, and walk away with a criminal record.

What North Carolina Considers Disorderly Conduct

North Carolina Code §14-288.4How Bad Is A "Disorderly Conduct" Charge In Raleigh, NC? describes disorderly conduct as “a public disturbance intentionally caused by any person” who commits any one of a number of described actions, such as:

  • Fighting or other violent activity
  • Abusive language, including abusive gestures
  • Overtaking school premises without permission
  • Refusing to leave a building after being asked to by either law enforcement or other administrator
  • Interfering with or otherwise disrupting the teaching of students in any educational environment
  • Congregating in any fashion after being told not to by law enforcement or other administrators
  • Disturbing the peace on a school bus
  • Interfering with or otherwise disturbing any religious activity

“Failing to disperse” is a similar charge that is sometimes used when three or more individuals do not leave as ordered by law enforcement after a period of time or creates the risk of injury to another person.

What Happens If I’m Arrested?

When you or a family member is charged with disorderly conduct and/or failure to disperse, it’s important to act quickly to be ready for a court appearance, and with good legal representation.

After your arrest, a judge may require you to post bail to leave, depending on any prior convictions you may have, and if the judge considers you to be a flight risk. If not, you may be released on a promise to appear for your court date without bail.

Right away, it’s time to find and retain legal counsel to begin building your defense. You need to be represented in court by someone who will defend you against the charges and give you the best chance at a positive outcome.

Convictions And Sentencing

For a first offense, you may be required to pay a fine without jail time. However, the judge’s discretion determines your sentencing.

Since Disorderly Conduct is a Class 2 misdemeanor, it’s possible to be sentenced to 60 days in jail with a $1,000 fine for a first offense. Second offenses are classified as a Class 1 felony, increasing jail time to as much as 12 months in prison. Third and subsequent offenses become Class H felonies, with as much as 25 months in prison.

If convicted, a criminal defense attorney may be able to get your charges reduced to a misdemeanor, or possibly dismissed outright.

Defending Yourself

When you find yourself in charged with disorderly conduct, remember to:

  • Never resist arrest, even if you’re wrongly charged—that’s a separate charge for which you can be convicted
  • Strongly exercise your right to remain silent, and only speak with your lawyer, no one else. Literally, anything you say can (and likely will) be used against you later.
  • Find and retain a skilled and experienced Raleigh criminal defense lawyer who will investigate your case and create a compelling and persuasive defense strategy to have your charges dismissed or reduced to a lesser offense.

Gather any available evidence that can prove your innocence as well, from digital information such as GPS coordinates, texts, and emails to physical evidence such as photographs, tickets, or other information that can positively prove your whereabouts at the time the crime was committed. Your attorney can use them when building your defense.

Call Dewey P. Brinkley For Disorderly Conduct Charges

False accusations do happen, but even if you have committed a crime, a strong defense is your best chance in court.

Dewey P. Brinkley is a former Wake County prosecutor who will prepare a strong defense and make sure you receive a fair trial under the law. He has considerable experience defending those charged with disorderly conduct and works for the best possible outcome. Contact our Raleigh law office today at (919) 832-0307 for a free consultation.

Reasons Why A Juvenile May Be Prosecuted As An Adult In North Carolina

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Minors who get into trouble for misdemeanors and “petty” crimes are usually dealt with through the juvenile justice system. This separate system is designed to offer rehabilitation and other services to those 16 and under who have broken the law. North Carolina considers anyone between the ages of 6 and 17 to be a “juvenile.”

Reasons Why Juvenile May Be Prosecuted As An Adult In North Carolina

Rather than incarceration, the juvenile justice system focuses on the child and the family, and includes education, community programs, and treatment. A stint in a juvenile detention facility may also be included. Juvenile records are usually sealed, meaning that the minor has a “fresh start” as an adult.

We previously discussed how juvenile crimes are treated differently in North Carolina. The adult court system focuses on punishment rather than rehabilitation, and has tougher punitive consequences such as fines and prison time. Even a conviction in adult court without jail time will mean a criminal record with long-term repercussions.

Currently, 16- and 17-year olds are automatically tried in adult court for even minor offenses, while younger individuals stay in the juvenile court system.

When A Minor Child Commits Adult Crimes

Juveniles of nearly any age can be charged as an adult if they have committed more serious crimes. Frequently, the judge is allowed to use his or her discretion in allowing a juvenile to be tried as an adult. A minor can be charged as an adult if:

  • The crime is more serious, requiring the child to be tried as an adult
  • The juvenile has been in trouble before and was previously tried as an adult (this is the “once an adult, always adult” mandate)
  • He or she understood the serious nature of the criminal act and the repercussions
  • The juvenile has a history of similar criminal acts

Charging and trying a minor child as an adult occurs for crimes such as murder, sexual assault, drug crimes and crimes involving a weapon.

Raising The Age

Until next month, juveniles over 16 charged are still automatically charged as adults. North Carolina is the last state in the US to “raise the age” for those in juvenile court from 16 to 18.

Effective December 1, 2019, anyone under the age of 18 facing a misdemeanor charge, or the state’s two lowest-level nonviolent felonies (break-ins and larceny) will be tried in Juvenile Court rather than as an adult.

This gives the 16- and 17-year olds the opportunity to access services available under the juvenile justice system. They have the choice and the chance to turn their lives around and avoid an adult criminal record before 18. Research shows that individuals who go through the juvenile justice system are less likely to commit crimes as an adult, which also lowers the adult crime rate.

Juveniles who are under 18 and are charged and arrested on more serious felonies will still be sent to Juvenile Court first. However, district attorneys will then have the option to move the cases to adult court either through a judge or a grand jury indictment. Those who were arrested and charged before the law takes effect will still be tried as adults under the previous system.

Raleigh’s Juvenile Court Attorney, Dewey P. Brinkley

If your child has been charged with a crime, your first goal should be to keep the case in juvenile court. You should also find a juvenile court attorney who can investigate the case and determine your chances at trial.

Dewey P. Brinkley is a former Wake County Assistant District Attorney. He can aggressively defend your child in juvenile or adult court against any criminal charges, major or minor. He will work to ensure a fair trial and that your child’s rights are protected.  Call today at 919-832-0307 or use our contact page to schedule your free consultation.