Disorderly conduct in Tennessee is a broad term that encompasses various behaviors, such as public fights or loud noise that disturbs the peace. Although it’s a misdemeanor, a disorderly conduct charge can get you fined, jailed, and have a permanent mark on your record. Knowing what constitutes disorderly conduct under Tennessee law is important if you live in or visit the state.
In this post, we’ll go over what is disorderly conduct in Tennessee, the penalties, and how working with a Nashville criminal defense attorney can help you beat these charges.
What is Disorderly Conduct in Tennessee?
Under Tenn. Code Ann. § 39-17-305, disorderly conduct is behavior done with the intent to cause public inconvenience, annoyance, or alarm. The law also covers reckless behavior that disregards the effect on others, so even if harm was not the original intent, it’s a crime.
Specific Behaviors
Several behaviors can be considered disorderly conduct in Tennessee. These behaviors can also include creating a physically offensive condition, such as hazardous situations without justification or involving physical altercations and threats. These include physical altercations, making unreasonable noise, creating a hazardous condition, and refusing to follow orders during an emergency. The law is meant to prevent disturbances of the peace and order.
Intent and Reckless Behavior
A key factor is the intent behind the behavior. Behavior done to disturb the peace or reckless behavior that causes public disruption can both be disorderly conduct. This expands the scope of the offense beyond just intentional wrongdoing.
Types of Disorderly Conduct in Tennessee
Disorderly conduct offenses in Tennessee can take many forms, each posing a threat to public order. Here are the most common types of disorderly conduct in Tennessee.
Public Intoxication
Public intoxication is one of the most common forms in Tennessee. Being visibly intoxicated in public and causing a disturbance or endangering others. Although it’s a separate offense under Tennessee law, it often overlaps with other disorderly conduct charges.
Fighting and Violent Behavior
Physical altercations in public places are a classic example. Fights in bars, on the streets, or at public events can get out of hand, and law enforcement will step in to restore order. Even threats of violence can get you charged under this law.
Excessive Noise
Making unreasonable noise that interferes with lawful activities or public events is disorderly conduct. Whether it’s loud music, yelling, or other forms of disruption, that behavior disturbs the peace and usually gets you in trouble.
Creating a Hazardous Condition
Disorderly conduct also includes creating a situation that is a hazard to public safety. Blocking exits, obstructing traffic, or creating an unsafe condition without just cause falls into this category and can get you charged. These laws are designed to maintain public safety by preventing behaviors that could disrupt peace or endanger individuals.
Refusing Lawful Orders
Failing to follow lawful orders from law enforcement or emergency personnel, especially during protests or emergencies, is disorderly conduct. This includes refusing to disperse from an area or obstructing officials in their duties.
Disorderly Conduct Penalties
Disorderly conduct in Tennessee has legal consequences that vary depending on the offense. Here are the typical penalties:
Class C Misdemeanor
Disorderly conduct is a Class C misdemeanor in Tennessee. Penalties upon conviction can be up to 30 days in jail and a $50 fine. While these penalties may seem minor, they can have long-lasting effects on a person’s criminal record.
Criminal Record Consequences
AÂ conviction will result in a permanent criminal record, which can impact future opportunities. This can include problems with employment, housing, and education, as many background checks will flag this offense.
Aggravating Circumstances
In some cases, disorderly conduct can get you more severe penalties if aggravating circumstances are present. For example, if the offense involves threats of violence, is near a school, or disrupts public services, additional charges may apply and get you higher fines or longer jail time.
Legal Consequences Beyond Fines and Jail
A conviction carries consequences that extend far beyond immediate fines or jail sentences. Below are some of the long-term impacts this offense can have on your life.
Criminal Record
A disorderly conduct conviction will result in a permanent criminal record. That record will show up on background checks and make it harder to get employment, housing, or educational opportunities. Although it is a misdemeanor, it can still hurt your chances in competitive situations.
Future Legal Issues
Having a disorderly conduct conviction will complicate future legal matters. If you get charged with another crime later, a prior conviction can be used against you and get you harsher sentencing. It may also affect plea negotiations or your ability to get alternative sentencing in future cases. Having a skilled attorney can make a significant difference in the outcome of a disorderly conduct case, helping to protect your rights and future opportunities.
Social and Professional Stigma
In addition to the legal consequences, a disorderly conduct conviction can bring social stigma that affects personal and professional relationships. Employers, landlords, and even personal contacts will view the conviction negatively and make it hard to rebuild your reputation.
Defending Against Disorderly Conduct Charges
Just because you’re charged with disorderly conduct doesn’t mean you’ll be convicted. Several defenses can be used to challenge the charges in court. Here are some common defenses in Tennessee.
No Intent
One of the best defenses is to argue there was no intent to cause public disruption or inconvenience. If the behavior was accidental or not meant to disturb the peace, this can get the charges reduced or dismissed. Proving a lack of intent is key, especially if the behavior was misunderstood or taken out of context.
First Amendment Protections
In cases involving protests or public assemblies, defendants may invoke First Amendment rights to free speech and peaceful assembly. If the disorderly conduct charge is from lawful participation in a protest without violent or disruptive behavior, this defense could be valid and get the case dismissed.
Self-Defense
If the charge involves fighting or resisting arrest, self-defense is another option. If the individual was responding to an immediate threat or unlawful force, this defense can justify behavior that would otherwise be disorderly conduct. The defense would focus on proving the individual’s actions were necessary to protect themselves. Understanding disorderly conduct laws is crucial in building a strong self-defense case, as these laws define the boundaries of acceptable behavior and the legal consequences of violations.
Unlawful Arrest or Procedure
In some cases, disorderly conduct charges may arise from unlawful arrests or procedural errors by the police. Challenging the legality of the arrest or highlighting procedural violations can hurt the prosecution’s case and may get the charges dropped or a good outcome for the defendant.
What to Do When Charged with Disorderly Conduct
Being charged with disorderly conduct requires you to take immediate action to protect your rights. Here’s what to do if you’re charged in Tennessee.
Get Witnesses and Evidence
First, after a disorderly conduct charge, get any evidence that can support your defense. This includes getting the names and contact information of witnesses who can testify about what happened. Eyewitnesses that contradict the prosecution’s version of events can be key to your defense.
Don’t Talk About It Publicly
Don’t post about it on social media or discuss it in public, as anything you say can be used against you in court. Even private posts or conversations can be discovered during the legal process, so be discreet.
Get Legal Help
Consult with a criminal defense attorney who has experience with disorderly conduct cases. An attorney can review your case, develop a defense strategy, and guide you through the process. With the right legal help, you may be able to get the charges reduced or dismissed.
Take Precautions
If the charge is from a fight or violent behavior, consider taking an anger management class or something similar to show the court you’re taking steps to address the problem. Proactive measures can help in plea negotiations or sentencing to show you’re willing to change.
Consult With an Experienced Nashville Criminal Defense Attorney ASAP!
If you’re facing disorderly conduct charges in Tennessee, don’t take the risk of handling it alone. Our team at Byron Pugh Legal has the experience and knowledge to build a strong defense on your behalf.
Contact us at 615-255-9595 for a free claim review today!
