Disorderly conduct is a common charge in Indiana that can arise from a variety of situations. In this blog we will break down the Indiana statute which governs disorderly conduct, provide an overview of the legal consequences, and the importance of hiring an Indiana criminal defense attorney.
Under Indiana Code § 35-45-1-3(a), disorderly conduct is defined as,
(a) A person who recklessly, knowingly, or intentionally:
(1) engages in fighting or in tumultuous conduct;
(2) makes unreasonable noise and continues to do so after being asked to stop; or
(3) disrupts a lawful assembly of persons;
commits disorderly conduct, a Class B misdemeanor.
In Indiana, a Class B misdemeanor carries a penalty of up to 180 days in jail and a fine of up to $1,000. Although disorderly conduct starts as misdemeanor, charges can escalate to a Level 6 felony. Under the same Indiana statute, § 35-45-1-3, Level 6 felony charges occur when:
(b) The offense described in subsection (a) is a Level 6 felony if it:
(1) adversely affects airport security; and
(2) is committed in an airport (as defined in IC 8-21-1-1) or on the premises of an airport, including in a parking area, a maintenance bay, or an aircraft hangar.
(c) The offense described in subsection (a) is a Level 6 felony if it:
(1) is committed within five hundred (500) feed of:
(a) the location where a burial is being performed;
(b) a funeral procession, if the person described in subsection (a) knows that the funeral procession is taking place; or
(c) a building in which:
(i) a funeral or memorial service; or
(ii) the viewing of a deceased person;
is being conducted; and
(2) adversely affects the funeral, burial, viewing, funeral procession, or memorial service.
In Indiana, a Level 6 felony can carry a sentence between 6 months and 2.5 years in prison and a fine of up to $10,000. If you or someone you know is facing charges for disorderly conduct in Indiana you need legal representation. The attorneys at the Marc Lopez Law Firm are always ready to provide a strategic defense and dedicated to obtaining the best possible outcome for our clients.
Breaking Down Disorderly Conduct
To be able to better understand what constitutes disorderly conduct under Indiana law, it is important to explore what is included under each of the three initial behaviors.
- Engaging in Fighting or Tumultuous Conduct
Fighting is pretty straightforward—any physical altercation or fistfight. Tumultuous conduct, however, is a broader concept and includes actions likely to result in serious bodily injury or substantial property damage. This could include throwing punches without making contact or throwing rocks at a building, even if you do not hit the building. The key factor is the potential for harm or damage, even if the intended outcome does not occur.
- Making Unreasonable Noise
This involves creating excessive noise and continuing to do so after being asked to stop. This could include anything from shouting loudly in a neighborhood, disturbing the peace, to ignoring requests from a neighbor or police officer to quiet down. If you continue to make noise after being warned, you could face disorderly conduct charges. The key factor here is maintaining public order—anything that could infringe upon another’s right to peace and quiet could result in disorderly conduct charges for making unreasonable noise.
- Disrupting a Lawful Assembly
Disrupting a lawful assembly occurs when someone interferes with a gathering that is legally organized, such as a public meeting or demonstration. This could be as simple as shouting during a city council meeting or causing a scene at a peaceful protest. Disrupting the flow of such an event by causing disturbances can lead to disorderly conduct charges.
Engaging in any or all of these three behaviors in a given instance can lead to Class B misdemeanor charges for disorderly conduct. If you or someone you know is facing charges for disorderly conduct, it is crucial to hire a criminal defense attorney who is knowledgable in the possible defenses against these charges. At the Marc Lopez Law Firm, our attorneys have represented many clients facing charges for disorderly conduct and are always ready to step in and provide a strategic defense.
Real-World Examples of Disorderly Conduct
Although there are many instances which can lead to disorderly conduct charges, below are just three examples. You might be surprised by these scenarios, but it is always important to stay informed to avoid potential charges.
- Road Rage Incidents
Imagine you are driving and get into a heated exchange with another driver. Both of you pull over, step out, and start yelling at each other. Even without a physical altercation, this intense verbal confrontation can be considered disorderly conduct. This is due to the potential for escalation into violence. Here, the key element is the public nature of the exchange and the potential disruption it causes.
- Overly Enthusiastic Celebrations
Picture you are in downtown Indianapolis, celebrating after a game with friends. As the night progresses, your group becomes increasingly loud and disruptive. Despite warnings to tone it down, your group continues to be excessively noisy and refuses to comply. This can quickly result in disorderly conduct charges. Celebrations are meant to be joyous, but when they cross the line into public disturbance, legal consequences can follow.
- Public Protests
Participating in a peaceful protest is a fundamental right! But there are boundaries. If you are protesting, and step beyond peaceful assembly into blocking traffic for example, this could constitute disorderly conduct. The distinction lies in the transition from lawful demonstration to disruptive behavior.
Legal Consequences and Defense
While in Indiana, disorderly conduct may seem like a minor offense, it can have significant legal consequences. A Class B misdemeanor can lead to jail time, fines, and a criminal record that impacts your future opportunities. A criminal record can affect employment prospects, housing applications, and even educational opportunities. It is vital to treat any criminal charge seriously and understand the potential repercussions on your life.
The legal process can be complex, and having a reputable Indiana attorney can make a remarkable difference in the outcome of your case. If you find yourself charged with disorderly conduct, hiring legal representation is crucial. Attorneys can provide valuable advice, represent you in court, and work toward mitigating the charges and potential penalties. When deciding which attorney to hire, it is important to know that they will be dedicated to your case, regardless of whether you are facing misdemeanor or felony charges. Additionally, your attorney should be well versed in the laws surrounding the charges you are facing. At the Marc Lopez Law Firm, not only are our attorneys dedicated to achieving the best possible outcome in your case, but our committed legal team works tirelessly to keep you informed throughout each step of the process.
Don’t Delay, Reach out Today
At the Marc Lopez Law Firm, we understand the complexities of disorderly conduct cases and are committed to defending your rights. Disorderly conduct charges are more common than you might think, and understanding the specifics of Indiana law can help you navigate these situations more effectively. Whether you found yourself charged after a road rage incident or while rambunctiously celebrating, knowing your rights and the potential consequences is essential. At the Marc Lopez Law Firm, our attorneys approach each case with a tailored strategy, focusing on achieving the best possible outcome for our clients.
Our Indiana criminal defense attorneys have a deep understanding of the complexities and nuances that can arise in cases of disorderly conduct. Being informed can prevent misunderstandings and help you make better decisions if you find yourself in a situation that could lead to disorderly conduct charges. If you or someone you know is facing charges, the Marc Lopez Law Firm is ready to help. We are committed to assisting our clients throughout the entire legal process and ensuring their rights are protected. Let the Marc Lopez Law Firm be your advocate. Call us today at 317-632-3642 and remember—always plead the 5th!