Disorderly Conduct In Georgia
As one of the most commonly charged offenses in the state of Georgia, disorderly conduct is used by Georgia law enforcement in a variety of situations to detain individuals for the purposes of public safety or to prevent individuals from further interfering with an investigation or to simply initiate significant legal charges against individuals. In many situations, individuals have not even broken the law in any way that would satisfy a disorderly conduct charge, which can make the assistance of a skilled Georgia attorney particularly critical.
Common Examples of Disorderly Conduct
Applicable law in the state of Georgia no longer criminalizes certain behavior including the use of unprovoked language that threatens to immediately breach the peace and is directed towards an individual that is younger than fourteen years of age.
Individuals must also remember that merely arguing with law enforcement or even using foul language in the presence of law enforcement does not constitute behavior that rises to the level of disorderly conduct.
Merely being rude or disrespectful or even angry in addition to the use of profanity or an angry statement is not sufficient in many situations to constitute a charge that would incite a listener to react violently.
Applicable Georgia Law
There are several important laws that individuals must understand regarding how disorderly conduct charges in the state of Georgia are prosecuted. Law in the state of Georgia states the following regarding:
- The Person of Another. Acts in a violent or tumultuous manner towards another person that places the other person in reasonable fear of the safety of the other person’s life, limbs, or health.
- The Property of Another. Acts done in a violent or tumultuous manner towards another person in which the property of the other person could be placed in danger of being damaged or destroyed.
- Without Provocation. Without provocation an individual uses obscene or vulgar language over the phone or in the presence of a child that is under the age of fourteen years old.
- Without Provocation. Without provocation, an individual uses words believed to provoke a violent reaction another.These types of words are also known as “fighting words”.
As a result, in the state of Georgia, disorderly conduct includes acting violently in a manner that causes other individuals to fear for their safety.
Atlanta Disorderly Conduct Ordinances
Atlanta disorderly conduct charges are more extensive in nature than Georgia law regarding this issue. On local ordinance charges, the maximum potential consequences are six months in jail and up a one thousand dollar fine.
Obstruction of a Law Enforcement Officer
In many cases, individuals can be charged with obstruction of a law enforcement officer in addition to disorderly conduct charges. Obstruction of a law enforcement officer requires an individual to knowingly and willfully hinder a law enforcement officer who is in the process of lawfully discharging the officer’s duties.
If law enforcement possessed a lawful reason for stopping an individual, an individual is prohibited from fleeing the scene of the incident. In many other cases, individuals are charged with obstruction of a law enforcement officer after providing false information to law enforcement.
Pushing or shoving a law enforcement officer even if an individual does not directly injure the law enforcement officer can also constitute the grounds for an obstruction charge. For individuals who are charged with both obstruction of a law enforcement officer and disorderly conduct, the assistance of a skilled defense attorney can prove particularly helpful.
Potential Consequences of a Disorderly Conduct Charge
Disorderly conduct in the state of Georgia is classified as a misdemeanor offense that is punishable by a maximum of twelve months in jail and a one thousand dollar fines. A skilled attorney can prove essential in making sure that individuals face the least significant consequences of such a charge.
In many cases involving a disorderly conduct charge, a skilled Georgie attorney can prove essential in making sure that an individual’s case results in the best possible results in regards to an arrest record possible. Any case involving a serious misdemeanor requires special assistance by legal counsel due to the range of consequences that an individual might face.
Defending a Disorderly Conduct Charge
For individuals who charged with disorderly conduct, a skilled defense attorney like the legal counsel at Yeargan, Barber & Kert is essential to make sure that an individual’s case resolves in the best possible manner. Law enforcement in the state of Georgia has been known to broadly interpret disorderly conduct charges and charge individuals with disorderly conduct under situations that might not constitute a disorderly conduct charge.
Our legal counsel is able to closely examines the event during which an individual was charged with disorderly conduct and fight to have charges either dismissed or dropped in the event that an individual did not actually commit a disorderly conduct charge.
Application to DUI Charges
In the case of being stopped for driving under the influence in the state of Georgia, passengers in the state of Georgia are at risk of being arrested for disorderly conduct. Motor vehicle passengers should make sure to never exit a vehicle during a stop unless directed to do so by law enforcement.
In a number of situations, an individual is either a friend or family members who feels protective of the individual who is being investigated has the potential to make a situation significantly worse. A law enforcement in the case of a traffic stop is entitled to ensure that an individual’s safety is ensured.
Contact Our Skilled Georgia Attorneys
Individuals should avoid being charged with disorderly conduct under applicable law in the state of Georgia. If you have been charged with this type of offense, it is an extremely wise idea to contact skilled legal counsel that can help construct as strong a legal defense as possible.
For individuals who are charged with disorderly conduct, the results are often substantial in nature which creates a significant need for strong legal representation. At Yeargan, Barber & Kert, our attorneys are always available to help individuals make sure that their case resolves in the best manner possible.