What Are the Legal Defenses to a Disorderly Conduct Charge? | TX

 Posted on September 26, 2024 in Criminal Defense

Individual rights and liberties are a cornerstone of American life. This does not mean, however, that people have the right to do whatever they want in public. Peace and order are important for a functional society, which is why there are laws against disorderly conduct. In Texas, disorderly conduct is a criminal offense that carries penalties in addition to a criminal record.

However, Texas law’s definition of disorderly conduct is broad and vague, which can lead to violations of individual rights and freedom. If you or someone you know has been charged with disorderly conduct, contact a Texas criminal defense attorney who can protect your rights and help build a legal defense. 

What Qualifies as Disorderly Conduct in Texas?

According to Texas Penal Code §42.01, a person commits disorderly conduct if he or she knowingly and publicly makes a threatening or offensive gesture or abuses someone in an offensive manner. This is a fairly vague provision because the law does not define "offensive." Something that is offensive to you may not be to someone else, and vice-versa. This could lead to situations where law enforcement officers arrest citizens for something they, the officers, consider offensive.

Texas law also considers someone guilty of disorderly conduct if he or she publicly and intentionally:

• Uses abusive, profane, or vulgar language that "incites an immediate breach of the peace"

• Uses chemicals to create a foul and unreasonable odor

• Makes unreasonable noise in public or near a residence that does not belong to him or her

• Gets into a fight

• Discharges a firearm

• Displays a deadly weapon in a way meant to cause alarm or fear

• Exposes himself or herself 

• Engages in voyeurism, which includes peering into someone’s hotel room or home or looking in on someone in a public bathroom stall, shower, or dressing room.

Someone who is accused of any of the above may be charged with a Class C misdemeanor, which is punishable by a fine of up to $500. If a deadly weapon was involved, it may be charged as a Class B misdemeanor which carries a jail sentence of up to 180 days and a fine of up to $2,000.

What Are Some Legal Defenses Against a Disorderly Conduct Charge?

The law says that an act qualifies as disorderly conduct if it is done "intentionally or knowingly." Therefore, one of the defenses against a charge of disorderly conduct can be that you did not have intent to commit the offense. For example, you may have displayed a firearm you were carrying but did not intend to cause alarm or fear. It can also be a defense to argue that you did not know the act you committed was offensive. 

Other possible defenses to a disorderly conduct charge include:

• You were provoked into committing the act.

• You engaged in a physical altercation or discharged a firearm in self-defense.

• The noise you made was not "unreasonable."

• Your gesture or speech is protected under the First Amendment.

Contact a Denton County, TX Disorderly Conduct Defense Attorney

Because of the law’s nonspecific language, a disorderly conduct charge runs the risk of impinging on your personal freedoms. That is why the attorneys at Magaña & Van Dyke are committed to protecting your rights and liberties. We are ready to provide you with a legal defense against disorderly conduct or other charges to preserve your future. Schedule a free consultation with a Cooke County, TX disorderly conduct defense lawyer by calling 940-382-1976 today. Se habla Español.