Disorderly conduct is a broad criminal charge in most states, including New Jersey. Although New Jersey law considers disorderly conduct to be the lowest level criminal offense, it is nevertheless a criminal charge and involves serious consequences.
If you or someone you know has been arrested for a disorderly conduct, you should immediately consult with an attorney in New Jersey who specifically handles these types of cases and has the success record to help you avoid a conviction.
New Jersey Law on Disorderly Conduct
In order to be convicted of disorderly conduct under N.J.S.A. 2C:33-2, you must engage in fighting, threatening, violent or tumultuous behavior or create a dangerous or hazardous condition by an act which serves no legitimate purpose.
Getting convicted of this type of offense can seriously impact your life. Below are four important things you should know about disorder conduct:
- Exposure. A disorderly conduct conviction can result in a fine of up to $500 plus assessments to Victims of Crime Compensation Board and to the Safe Neighborhood Services Fund of about $125. The offense can further result in a sentence of up to 30 days in jail, assuming you have not been previously convicted of a crime. If the offense involved the use of a motor vehicle, your driver’s license can be suspended up to two years.
- Expungement. Disorderly conduct is considered a criminal offense. This means that your conviction may be expunged five years after you carry out the sentence if the following conditions are met: 1) you have not been convicted of more than three disorderly or petty disorderly persons offenses or 2) you have not been convicted of indictable offense, such as kidnapping, robbery or aggravated sexual assault.
- Statute of Limitations. In order for the state to convict you on disorderly charges, charges must filed within one year after you committed the offense. The process starts when the state issues a warrant or processes some other legal document, such as a complaint.
- Strategy. Just because you are charged with a disorderly offense, it does not mean that you will automatically be convicted. With a good attorney by your side, you may be able to strategize a strong defense that will result in the charges to be dropped or at least reduced. An example of a complete defense includes the alleged disorderly conduct taking place indoors or an area where the public is not affected. In short, as long as your attorney can show that the “public” element cannot be proven beyond a reasonable doubt, it will serve as a complete defense to your disorderly conduct charge.
Call Us
For more information or to schedule a free consultation with disorderly conduct attorney Dan Matrafajlo, please call Beninato & Matrafajlo Attorneys At Law, LLC at (908) 248-4404.
Email Us