Tampa Disorderly Conduct Attorney
A charge of Disorderly Conduct may sound minor, but a conviction can still result in a criminal record, fines, probation, and even jail time. Under Section 877.03 of the Florida Statutes, disorderly conduct—sometimes referred to as "breach of the peace"—can arise from a wide variety of situations, including public disturbances, fights, confrontations, intoxication-related incidents, or conduct that law enforcement believes disrupted the peace and quiet of others. Because the statute is broadly worded, disorderly conduct charges are frequently contested and often depend heavily on the specific facts of the case. If you have been arrested for Disorderly Conduct in Tampa or Hillsborough County, it is important to speak with an experienced Tampa Disorderly Conduct Attorney as soon as possible to understand your rights and begin building a strong defense. At Hunt Law, we aggressively defend clients accused of disorderly conduct and other misdemeanor offenses throughout the Tampa Bay area.
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Understanding Disorderly Conduct Charges in Florida
Disorderly Conduct, sometimes referred to as "Breach of the Peace," is a misdemeanor offense under Section 877.03, Florida Statutes. Although the statute itself is relatively short, it is one of the broadest criminal statutes in Florida and is frequently used by law enforcement officers when they believe someone's conduct has disrupted public order or created a disturbance.
The statute makes it unlawful to engage in conduct that corrupts public morals, outrages the sense of public decency, affects the peace and quiet of persons who witness it, involves brawling or fighting, or otherwise constitutes a breach of the peace. A violation is generally charged as a second-degree misdemeanor.
Because the language of the statute is so broad, disorderly conduct arrests often arise in situations where law enforcement officers believe an individual was being disruptive, argumentative, intoxicated, or involved in a public altercation. However, not every loud argument, offensive statement, or confrontation constitutes criminal conduct. In many cases, disorderly conduct charges can be challenged based upon constitutional protections, the specific facts of the incident, and the actions of law enforcement.
What Conduct Can Lead to a Disorderly Conduct Arrest?
Disorderly conduct charges can arise from a wide range of situations. Common examples include:
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Public fights or physical altercations
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Disturbances outside bars, restaurants, or sporting events
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Intoxication-related incidents in public places
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Excessively disruptive behavior in crowded areas
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Conduct that allegedly causes public alarm or panic
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Refusing to leave an area after creating a disturbance
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Escalating confrontations with others in public
In Tampa and throughout Hillsborough County, law enforcement officers sometimes use disorderly conduct as a "catch-all" charge when they believe someone's behavior is creating a public disturbance but no more specific criminal offense clearly applies.
First Amendment Protections and Disorderly Conduct Charges
One of the most important aspects of Florida disorderly conduct law is that the statute cannot be used to criminalize constitutionally protected speech.
The First Amendment protects a wide range of speech, including speech that others may find offensive, insulting, rude, or unpopular. Simply arguing with a police officer, criticizing law enforcement, using profanity, or expressing unpopular opinions generally does not constitute disorderly conduct by itself.
Florida appellate courts have repeatedly limited the application of the disorderly conduct statute where the alleged conduct consists primarily of speech. As a result, many disorderly conduct cases turn on whether the conduct involved an actual disturbance of the peace rather than merely offensive language or criticism.
Penalties for Disorderly Conduct in Florida
Disorderly Conduct is generally charged as a second-degree misdemeanor.
A conviction may result in:
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Up to 60 days in jail
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Up to 6 months of probation
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Court costs and additional financial obligations
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A permanent criminal record
Although these penalties are less severe than those associated with felony offenses, a criminal conviction can still have significant consequences. A disorderly conduct conviction may appear on background checks and can affect employment opportunities, professional licensing, educational opportunities, and other aspects of daily life.
Defenses to Disorderly Conduct Charges
Every case is different, but several defenses may apply depending upon the circumstances.
Common defenses include:
Protected Speech
If the allegation is based primarily upon speech rather than conduct, First Amendment protections may provide a strong defense.
Lack of a True Breach of the Peace
The prosecution must prove conduct that actually constituted a breach of the peace or disorderly conduct. Mere annoyance, disagreement, or offensive behavior may not be sufficient.
Insufficient Evidence
Many disorderly conduct cases arise from rapidly developing situations with conflicting witness accounts. The credibility of witnesses and officers can become a significant issue.
Self-Defense
If the incident involved a physical confrontation, evidence that the accused acted in lawful self-defense may provide a defense to the charge.
Misidentification
In crowded environments such as bars, concerts, sporting events, or festivals, witnesses may mistakenly identify the wrong person as the individual responsible for the disturbance.
Why Hiring a Tampa Disorderly Conduct Attorney Matters
Because disorderly conduct is such a broadly written statute, these cases often present opportunities for negotiation, dismissal, diversion programs, or other favorable resolutions. Early intervention by an experienced Tampa Disorderly Conduct Attorney may help identify weaknesses in the prosecution's case, preserve favorable evidence, challenge constitutional issues, and work toward minimizing the impact of the charge on your future.
At Hunt Law, attorney J. Ruffin Hunt is a former Division Chief at the Hillsborough County Public Defender's Office who has handled thousands of criminal cases throughout Tampa and Hillsborough County. If you have been arrested for Disorderly Conduct or Breach of the Peace, it is important to seek experienced legal representation as soon as possible.
Contact a Tampa Disorderly Conduct Attorney Today
If you have been charged with Disorderly Conduct in Tampa, Hillsborough County, or the surrounding areas, Hunt Law is prepared to help. Contact us today to discuss your case, learn about your options, and begin building a defense designed to protect your record, your reputation, and your future.
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What Are The Elements Of Disorderly Conduct?
To prove the crime of [Disorderly Conduct] [Breach of the Peace], the State must prove the following element beyond a reasonable doubt:
(Defendant)
Give a–d as applicable.
a. committed an act or acts that [was] [were] of a nature that corrupted the public morals; [or]
b. outraged the sense of public decency; [or].
c. affected the peace and quiet of persons who witnessed the act or acts; [or]
d. engaged in [brawling or fighting].
The statute often raises constitutional concerns. When a defendant claims that his or her conduct constituted protected speech, a special instruction will likely be necessary to ensure the jury does not convict a person for exercising a constitutional right. See Chandler v. State, 744 So. 2d 1058 (Fla. 4th DCA 1999).
A defendant who does not initiate a fight and acts to protect himself from the attacker may assert self-defense to the charge of Disorderly Conduct. S.D.G. v. State, 919 So. 2d 704, 705 (Fla. 5th DCA 2006).
J. Ruffin Hunt
Managing Member, Hunt Law, PLLC.
Attorney J. Ruffin Hunt is a Tampa criminal defense attorney and founder of Hunt Law, a firm focused exclusively on criminal and DUI defense throughout the Tampa Bay area. Born and raised in Tampa, Mr. Hunt earned his degree from the University of Florida before attending Stetson University College of Law. He began his legal career at the Hillsborough County Public Defender’s Office, where he gained extensive courtroom and trial experience handling misdemeanor, felony, and DUI cases. Over the course of his career, he rose to leadership positions within the office, serving as a Division Chief in multiple divisions.
Mr. Hunt has dedicated his entire legal career to criminal defense and understands the serious consequences that criminal charges can carry. He represents clients facing a wide range of charges, including DUI, drug offenses, sex crimes, domestic violence allegations, theft crimes, violent offenses, probation violations, and other serious criminal matters. As a former board member of the Hillsborough County Association of Criminal Defense Lawyers, Mr. Hunt remains committed to protecting the constitutional rights of individuals accused of crimes and providing aggressive, strategic representation for clients throughout Tampa Bay.
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