Charlotte Disorderly Conduct Lawyer

In Charlotte, disorderly conduct encompasses a wide range of criminal acts. They range from disturbances of the peace to violent conduct such as fighting. These charges can be scary if you are arrested. The first thing you should know if you are being arrested for disorderly conduct is not to resist arrest. If you do, you can face even more charges. Furthermore, exercise your right to remain silent. Do not say anything and contact a criminal defense attorney. Having an experienced Charlotte disorderly conduct lawyer by your side can mean the difference between a hefty and fair sentence.

Disorderly conduct charges are typically Class 2 misdemeanor charges. However, if you are convicted, you may:

• Spend up to 60 days in jail.
• Be required to pay fines equaling as much as $1,000.
• Serve probation for a certain period.

Furthermore, you will have a misdemeanor on your record. Prior convictions can also affect sentencing. If you have been charged with your first disorderly conduct charge, or if this is the most recent in a line of multiple run-ins with the law, hiring a private disorderly conduct attorney can positively affect the outcome of your case.

Why You Should Choose The Law Office of Kevin L. Barnett

The Law Office of Kevin L. Barnett is dedicated to defending the rights, freedoms, and futures of North Carolina residents. We can bring more than three decades of dedicated experience and highly rated, award-winning legal counsel to your case. We are committed to forming optimal defense strategies for our clients and representing them well from arrest to trial completion. As a native of Charlotte, our attorney understands the local courts as well as our fellow residents.

What Is Charlotte Disorderly Conduct?

In North Carolina, disorderly conduct brings grave consequences. Some of the acts it covers are listed below.

• Engaging in or threatening to engage in fighting or other acts of violence
• Gesturing, making a display, or using abusive language that intends to provoke fighting or violence
• Taking possession of or control of a public building, facility, or vehicle
• Refusing to exit a public building, facility, or vehicle
• Disturbing, disrupting, or interfering with the education of students in a private or public educational arena
• Engaging in acts of disturbance that disrupt the peace, order, or discipline of a school bus
• Engaging in acts of disturbance that disrupt, disturb, or interfere with a memorial service or funeral

The first conviction of a disorderly conduct charge is a Class 2 misdemeanor with a sentence of up to 60 days jail time and/or fines of up to $1,000. A second offense of disorderly conduct yields a potentially worse outcome. Defendants facing criminal charges for their second disorderly conduct arrest, if found guilty, will incur a Class I felony charge. They could be required to serve from 3–12 months in prison. A third offense is a Class H felony, which warrants up to 25 months in prison.

If you are facing a second or third charge for disorderly conduct, a reputable Charlotte disorderly conduct lawyer may be able to assist you in getting a better outcome from your trial.

Why Do I Need a Disorderly Conduct Attorney?

If you have been charged with disorderly conduct in North Carolina, it is important to consider the benefits of hiring a disorderly conduct attorney to represent you. The consequences of not doing so can be dire. A public defender will not be able to devote the necessary time to your case to significantly affect the outcome. While these are good attorneys, they are stressed and lack the time to properly approach their caseloads.

Hiring a disorderly conduct attorney in North Carolina can provide you with the legal knowledge, guidance, and representation that you need. This can allow you to protect your rights and achieve an ideal outcome in your case. There are many reasons why you should have private legal representation. An experienced attorney can be critical to supporting your case if you have been charged with disorderly conduct:

• Criminal defense attorneys understand the law: Disorderly conduct laws can be complex, especially in North Carolina. A disorderly conduct attorney in North Carolina has a deep understanding of the state’s laws. They can use that knowledge to build a strong defense for you.
• A criminal attorney can protect your rights: The Fourth Amendment of the U.S. Constitution guarantees certain rights to individuals who are charged with a crime. A disorderly conduct attorney can ensure that your rights are protected throughout the legal process.
• Attorneys know how to negotiate with prosecutors in criminal defense cases: An experienced disorderly conduct lawyer can negotiate with prosecutors on your behalf. They can reach an agreement to reduce charges or negotiate a plea deal that is favorable to you.
• Attorneys know how to build a strong defense: A lawyer for disorderly conduct can help you build a strong defense by gathering evidence, interviewing witnesses, and examining police reports to identify any inconsistencies or errors.
• Private lawyers offer solid representation in court: If your case goes to trial, your disorderly conduct attorney can represent you in court. They can present a compelling defense that can help you achieve a favorable outcome.

Can I Get Disorderly Conduct Criminal Charges Dropped in North Carolina?

Getting disorderly conduct charges dropped in North Carolina may be possible. However, it depends on the circumstances of your case. To get disorderly conduct charges dropped in North Carolina, you should work with an experienced disorderly conduct attorney. They can assess your case and determine the right course of action for your circumstances. Here are some steps you can take to increase your chances of having the charges dropped:

• Show Evidence of Innocence: If you believe you are innocent of the disorderly conduct charges, an attorney can help you gather evidence to support your case. This may include witness statements, video footage, or other evidence that shows that you did not engage in disorderly conduct.
• Seek a Deferred Prosecution Agreement: In North Carolina, some first-time offenders may be eligible for a deferred prosecution agreement. This is an agreement between the defendant and the prosecutor. If the defendant meets certain conditions, such as completing community service or attending counseling, the charges will be dropped.
• Accept a Plea Bargain: If there is strong evidence against you, an attorney may be able to negotiate a plea bargain with the prosecutor. This could allow you to plead guilty to a lesser charge, such as a traffic violation. In exchange, the prosecutor may drop the disorderly conduct charges.
• Challenge the Evidence: If the evidence against you was obtained illegally, or if there are other issues with the case, an attorney may be able to challenge the evidence in court. If the evidence is deemed inadmissible, the charges may be dropped.
• Hire a Disorderly Conduct Attorney: If you have not done so yet, hiring an experienced disorderly conduct attorney in North Carolina can be very beneficial. They can assist by examining the details of your case and determining if there are any legal grounds to have the charges dropped. They can also help negotiate with the prosecutor to reduce or dismiss the charges. The outcome of your case can be significantly impacted if you have a reputable private attorney representing you.

Charges That Often Accompany Disorderly Conduct

Disorderly conduct charges are often included with other charges. When combined, the potential penalties can be formidable. Oftentimes, a professional private criminal defense attorney can diminish some charges and get some, if not all, dropped. This is why it is so important to speak with a qualified, Charlotte-based attorney regarding your disorderly conduct case. There are certain charges that are often paired with disorderly conduct charges. These are usually applied at the time of arrest or soon thereafter.

Failing to Disperse

Failing to disperse is a charge that oftentimes accompanies disorderly conduct charges. This often occurs when people exercise their rights to protest in Charlotte. These charges apply when the protesters fail to leave the place of public protest within a reasonable amount of time. Instead, they remain at the scene of the assembly after being told by law enforcement to leave.

For these charges to be relevant, at least three people must be assembled. This applies to riots as well as protests. A failure to disperse charge is also associated with an assemblage or congregation that poses a safety risk to people or property. Like a disorderly conduct charge, this is a Class 2 misdemeanor with the same potential sentence as disorderly conduct.

Intoxicated and Disruptive in Public

Public intoxication charges are one of the most common charges that accompany disorderly conduct charges in Charlotte. It is illegal in North Carolina to be drunk and disruptive in public. These situations can include:

• Being on the sidewalk and blocking the pathway into a building
• Physically shoving or grabbing people
• Rudely cursing and insulting people

This is a Class 3 misdemeanor with a penalty of up to 10 days in jail and/or a fine of up to $200.

Use of Indecent or Profane Language on Public Highways

It is illegal in Charlotte to use indecent language or profanity on any public road or highway. To be charged with this offense, this language must be within earshot of at least two people while driving, riding, or walking. This charge is also a Class 3 misdemeanor. It carries a penalty of up to 10 days in jail and/or up to $200 in fines.

Unlawful Photographing

State law makes it illegal for someone to intentionally photograph another person without their consent. This includes any photographs taken either through or underneath their clothing to see someone’s underwear or body, as well as “up-skirt” photos. A conviction for this offense warrants a Class 1 misdemeanor. This is punishable by up to 45 days of jail time and/or fines set at the court’s discretion.

Indecent Exposure

An indecent exposure charge is a Class 2 misdemeanor. It is punishable by jail time of up to 30 days and/or a fine of up to $1,000. This charge constitutes someone exposing themselves in a public place. This could be a park, on public transportation, in a store, or in any other public realm.

Stalking

In Charlotte, someone can be charged with stalking if, on more than one occasion, they:

• Engage in conduct directed at someone to invoke fear.
• Threaten their personal safety.
• Cause emotional stress.
• Imply a threat of death, injury, or continued harassment.

This conviction is a Class A1 misdemeanor. It warrants a sentence of up to 60 days in jail and/or fines set at the court’s discretion. Repeat offenders receive increased penalties.

Can I Get a Disorderly Conduct Conviction Expunged?

Getting an expungement in Charlotte is easier than ever, thanks to the 2017 expungement law. This allows for misdemeanor convictions to be eligible for expungement after five years instead of the previous 15. Felony convictions, which were previously expungable after 15 years as well, can now be expunged after 10 years. Furthermore, there is no cap on the number of expungements an individual can get.

These convictions are eliminated from background reports and other publicly accessible sources. However, they will still be visible to law enforcement. To apply for an expungement, simply petition the county courthouse where you were charged. To do this, you must fill out the form that applies to your situation. This will be based on your case outcome, charges, and age, as well as other things that can affect the approval of your case. The conditions under which you must qualify for expungement include the following:

• You must have completed the waiting period.
• You must not have any outstanding fees or court costs, and you must provide proof they have all been met.
• You cannot be on probation or parole in any state or in any court, anywhere.
• You cannot have any warrants or criminal summonses.
• You cannot have any open criminal cases or pending criminal charges.

You can apply for expungement without a lawyer, but it is not recommended. This process is complicated and drawn out. Filling out the right form properly is hard enough. If there is an error in your paperwork, you will only delay the process, which will already take anywhere from nine months to one year. Having an attorney can speed up the process in most cases.

It is important to note that misdemeanor charges that are dropped or result in a not-guilty verdict are automatically eligible for dismissal. These include disorderly conduct charges. This is another reason to hire a private disorderly conduct attorney if you are facing such charges. They can potentially improve the outcome of your case in ways that you could not do on your own. Many different factors lead to a not-guilty verdict. Only an attorney experienced in disorderly conduct cases can recognize all these factors.

The state of North Carolina passed the “Second Chance Law” in 2020. Through this law, even a prior felony does not preclude the expungement of dismissed or not guilty charges.

Under What Circumstances Can Disorderly Conduct Charges Be Dismissed?

In Charlotte, disorderly conduct charges may be eligible for dismissal. Some possible ways to get disorderly conduct charges dismissed in North Carolina include:

• Lack of Probable Cause: If the police did not have probable cause to arrest you for disorderly conduct, then the charges may be dismissed. This means that there was not enough evidence to support your arrest, or the police acted unlawfully.
• First Amendment protections: Disorderly conduct charges may be dismissed if your behavior was protected by the First Amendment, such as protesting or engaging in political speech.
• Mental Health Issues: If you have a diagnosed mental health condition that contributed to your behavior, your charges may be dismissed or reduced. In certain cases, you may be required to undergo treatment or counseling as part of a plea deal.
• Lack of Evidence: If there is insufficient evidence to support the disorderly conduct charge, the charges may be dismissed. This means that the prosecution cannot prove beyond a reasonable doubt that you committed the offense.
• Pre-Trial Diversion: In some cases, you may be eligible for a pre-trial diversion program. This allows you to complete certain requirements (such as community service or counseling) in exchange for the charges being dismissed.

It is important to note that the specific circumstances of your case will determine whether your disorderly conduct charges can be dismissed. It is always a good idea to consult with a criminal defense attorney. They can advise you on the next steps to take based on your situation.

Contact an Experienced Charlotte Disorderly Conduct Attorney

If you have been charged with disorderly conduct, your verdict and/or sentencing can only get worse without a private attorney. Talk to The Law Office of Kevin L. Barnett to get an idea of what charges you could be facing. Once we hear your side of the story, we can advise you on the best route to take for your case. Whether it be a non-guilty plea, a guilty plea, or another taking another route, we can give you the possible outcomes for each of your options. Do not go to court alone. Contact The Law Office of Kevin L. Barnett today before you go to court.