No one expects to end up in handcuffs over a shouting match or a rowdy night out—but it happens more often than you’d think. In Indiana, making too much noise, getting into a scuffle, or even being disruptive at a public meeting can land you with a criminal charge for disorderly conduct.
At the Marc Lopez Law Firm, we take these cases seriously—because the State of Indiana does too. Disorderly conduct is a Class B misdemeanor, punishable by up to 180 days in jail and a $1,000 fine. It may not sound like much, but a conviction can follow you for years. It’s the kind of charge that employers, schools, and licensing boards will notice. And it’s the kind of thing you don’t want to fight alone.
If you’ve been charged with disorderly conduct in Indiana, or you’re worried a heated moment might be turning into a criminal case, this blog is for you. We’re going to break down what counts as disorderly conduct, why it’s more complicated than you might think, and how a savvy defense strategy can make all the difference.
What Is Disorderly Conduct in Indiana?
The law calls it disorderly conduct—but most people just call it “getting in trouble for causing a scene.” Under Indiana Code 35-45-1-3, this offense boils down to three things:
- Fighting or tumultuous conduct
- Making unreasonable noise and refusing to stop
- Disrupting a lawful assembly
If you recklessly, knowingly, or intentionally do any of these things, the State can charge you with a Class B misdemeanor. That’s up to six months in jail and a $1,000 fine—just for acting out of line in public.
But here’s the kicker: “disorderly conduct” isn’t a specific act. It’s a catch-all. It gives police wide latitude to make arrests when someone’s behavior seems aggressive, disruptive, or just plain loud. That means you don’t have to throw a punch or scream at the top of your lungs to end up with a criminal record.
Fighting and Tumultuous Conduct: The Classic Bar Fight Charge
Let’s start with the most familiar example: getting into a fight. You throw a punch, someone throws one back, and next thing you know, everyone involved is getting arrested for disorderly conduct.
In Indiana, this is textbook behavior under the law. When police show up to a scene where fists are flying, and they can’t tell who started it—or everyone blames everyone else—they’ll often charge everyone. It’s the legal equivalent of “you’re all grounded.”
This part of the law also includes tumultuous conduct—any aggressive behavior that could hurt someone, even if no contact happens. Swinging elbows in a crowded bar, chucking a drink across the room, or making threatening gestures can all qualify.
This is also where legal strategy comes in. At the Marc Lopez Law Firm, we often push to have more serious charges—like felony battery—reduced to disorderly conduct when the facts support it. It’s a common move in plea negotiations because it downgrades the case from a felony to a misdemeanor, and that change can protect your future in a big way.
Unreasonable Noise: When Loud Becomes Illegal
Not everyone who gets charged with disorderly conduct is throwing punches—sometimes, they’re just too loud.
Under Indiana law, it’s a crime to make unreasonable noise and keep doing it after being asked to stop. That request can come from a neighbor, a security guard, or a police officer.
This type of charge typically shows up in cases like:
- Loud shouting in public
- Causing a scene at the mall
- Yelling during a police investigation
- Playing music too loudly at night
Important note: just being a loud person isn’t a crime. The law requires that you’ve been given a clear warning and that you keep being loud anyway. If that happens, it crosses into criminal territory.
These cases can get complicated, especially when free speech is involved. Indiana law gives extra protection to political speech, and if your loud words are aimed at criticizing the police or the government, the State may have a harder time convicting you.
But when your volume disrupts an investigation, causes public alarm, or infringes on someone else’s rights? Then your defense gets trickier—and more important.
Disrupting a Lawful Assembly: When Speaking Out Crosses a Line
The third kind of disorderly conduct is all about public order—specifically, disrupting organized events. This charge comes up at:
- Town hall meetings
- School board sessions
- Church gatherings
- Public protests
You don’t have to be violent or threatening. Just refusing to sit down, shouting out of turn, or ignoring instructions to be quiet can land you with a criminal charge.
This is a classic case of intent vs. impact. You might just want to speak your mind, but if you’re stopping the meeting from proceeding, the law sees that as disorderly conduct.
This doesn’t mean your free speech goes out the window. But like all rights, it comes with limits—and when those limits are tested, you need a lawyer who knows how to push back.
When Disorderly Conduct Becomes a Felony
While most disorderly conduct charges are misdemeanors, there are two situations that can turn this into a Level 6 felony:
1. Disruption at an Airport
If your behavior interferes with airport security, even in areas like parking garages or hangars, you could face a felony. The State takes threats to aviation safety seriously, and they don’t need much to claim your actions were disruptive.
2. Disrupting a Funeral or Funeral Procession
If you knowingly disrupt a funeral or memorial service, or interfere with a procession, the law hits harder. It’s a felony if your conduct is loud, disrespectful, or disruptive within 500 feet of the event.
Bottom line? Context matters. A bar outburst might be a misdemeanor. But if the same behavior happens at the wrong place or time, the stakes go way up.
Political Speech, Free Speech, and the First Amendment Gray Area
Disorderly conduct cases often run into questions about free speech, especially when someone’s yelling or expressing outrage in public.
Indiana courts apply a two-part test:
- Was the speech actually restricted by state action?
- Did the speaker abuse their right in a way that crossed legal lines?
Let’s say you curse at a cop or shout “You work for me!” while getting arrested. That’s political speech, and likely protected.
But if you scream so loudly that a bystander calls 911, worried that something violent is about to happen? That’s not protected speech anymore—that’s unreasonable noise with public impact.
These cases are nuanced, and the line between “protected” and “criminal” is thinner than most people think.
Defending a Disorderly Conduct Charge in Indiana
The good news? You’re not powerless. With the right legal strategy, many disorderly conduct cases can be:
- Dismissed
- Reduced
- Resolved through diversion
- Or even won at trial
At the Marc Lopez Law Firm, we use every available tool:
- Challenge the evidence: No video? Conflicting stories? Weak reports? We exploit those weaknesses.
- Raise constitutional defenses: Political speech and public criticism of authority deserve protection.
- Negotiate smartly: We push hard to downgrade more serious charges—or get them tossed.
- Advocate aggressively: If the State won’t back down, we’re ready to take it to a jury.
You don’t have to accept the worst-case scenario—and you don’t have to face it alone.
Why You Need a Criminal Defense Team That Fights Back
Disorderly conduct might sound like a minor charge—but when it’s your name on the charging document, it doesn’t feel minor at all.
Whether you were caught up in a crowd, misheard in a moment of frustration, or just had the wrong person’s attention at the wrong time, being charged with a crime is serious. It’s stressful. It’s confusing. And if you don’t handle it right, it can follow you for the rest of your life.
That’s why you need more than just a lawyer—you need a team.
At the Marc Lopez Law Firm, we’ve handled hundreds of disorderly conduct cases. We don’t do one-size-fits-all. We tailor our defense to you—your story, your goals, your life.
We fight to win. And when the State tries to make your worst moment your entire story, we push back—hard. Let us help you protect your name, your future, and your freedom.
If you or someone you care about is facing a disorderly conduct charge in Indiana, call the Marc Lopez Law Firm today at 317-632-3642, and remember—always plead the 5th!
