Madison Disorderly Conduct Lawyer | Wisconsin Criminal Defense Attorney
Charged with disorderly conduct in Wisconsin? At Avena Law Office, we aggressively defend individuals accused of disorderly conduct, public disturbance, or domestic incidents throughout Madison and South-Central Wisconsin. With over a decade of dedicated criminal defense experience, I understand how quickly a minor misunderstanding can escalate into criminal charges — and how devastating a conviction can be for your job, family, and reputation.
If you or a loved one is facing a disorderly conduct charge in Wisconsin, don’t face it alone. Call (608) 271-2271 to schedule a free consultation with a trusted Madison criminal defense attorney. I offer fixed-fee representation, accept credit card payments, and provide legal services in both English and Spanish.
What Is Disorderly Conduct in Wisconsin?
Under Wisconsin Statute §947.01, disorderly conduct is defined as engaging in violent, abusive, indecent, profane, boisterous, unreasonably loud, or otherwise disorderly behavior that tends to cause or provoke a disturbance — whether in a public or private place. This broad definition gives law enforcement significant discretion, which can often result in unfair or exaggerated charges.
Disorderly conduct in Wisconsin is classified as a Class B misdemeanor, carrying a maximum penalty of 90 days in jail and fines up to $1,000. However, if the alleged conduct involves a domestic relationship, firearm restrictions and other serious consequences may apply.
Types of Disorderly Conduct Charges in Wisconsin
There are two primary types of disorderly conduct charges in Wisconsin:
- Public Disorderly Conduct – Includes situations like bar fights, shouting matches, or public arguments that allegedly disturb others.
- Domestic Disorderly Conduct – Occurs when the alleged incident involves individuals in a “domestic relationship,” such as spouses, former partners, roommates, parents of a child, or relatives. Domestic disorderly conduct carries additional penalties, including a potential lifetime firearm ban under federal law.
Because of how vaguely the law is written, police often make arrests without a full understanding of what actually occurred. An experienced Wisconsin disorderly conduct lawyer can help ensure your side of the story is heard and your rights are fully protected.
Common Scenarios That Lead to Disorderly Conduct Charges
- Arguments or shouting matches in public or private
- Verbal disputes with a spouse or partner (often misinterpreted as domestic incidents)
- Physical altercations or fights
- Threatening language or gestures
- Disruptive conduct in schools, bars, or workplaces
- Overly loud music, protests, or gatherings
In many cases, a simple misunderstanding or heated conversation can result in an unnecessary arrest. Our goal at Avena Law Office is to bring clarity to your situation and fight to have the charges reduced or dismissed entirely.
Can I Be Charged With Disorderly Conduct If No One Was Disturbed?
Yes. Under Wisconsin law, prosecutors don’t have to prove that someone was actually disturbed — only that your behavior tended to cause or provoke a disturbance. That vague language allows the state to pursue charges even if no one complained or was offended.
Can Words Alone Be Considered Disorderly Conduct?
Yes, but with limits. Speech that serves no legitimate purpose and is intended solely to cause a disturbance may be prosecuted. However, speech that is protected under the First Amendment — even if it’s offensive or rude — is not criminal. We will fight to ensure your constitutional rights are upheld in every stage of your defense.
Penalties for Disorderly Conduct in Wisconsin
While it’s “only” a misdemeanor, a disorderly conduct conviction can create long-term consequences, including:
- Up to 90 days in jail and fines of up to $1,000
- Probation with mandatory counseling (such as anger management or alcohol treatment)
- Firearm restrictions in domestic-related cases
- Restraining orders or no-contact orders
- Community service or restitution
- Potential impact on employment, housing, and professional licensing
Even a single conviction can leave a permanent mark on your record. Working with a skilled Madison disorderly conduct defense lawyer can make all the difference in preserving your freedom and your future.
Defenses to Disorderly Conduct Charges in Wisconsin
Every case is different, and the right defense depends on the specific facts of your situation. Common legal defenses include:
- Freedom of Speech – Your actions may be protected by the First Amendment.
- Lack of Intent – You did not intend to cause a disturbance.
- Self-Defense – You were protecting yourself or another person from harm.
- Insufficient Evidence – The prosecution lacks credible evidence to prove the charge.
- Police Misconduct – Law enforcement violated your rights during arrest or investigation.
At Avena Law Office, I will investigate the details of your arrest, review bodycam footage, question witnesses, and file motions to suppress improper evidence. My mission is to protect your rights and achieve the best possible result — whether that’s a reduction, dismissal, or not guilty verdict.
Why Choose Avena Law Office?
- Over a decade of experience defending clients across Wisconsin
- Proven results in disorderly conduct, battery, and other misdemeanor cases
- Affordable, transparent fixed-fee representation
- Spanish-speaking legal services
- Serving clients across Dane, Columbia, Dodge, Fond du Lac, Grant, Green, Green Lake, Iowa, Jefferson, Lafayette, Marquette, Richland, Rock, and Sauk counties
When your reputation, rights, and freedom are at stake, you need a defense attorney who fights back — and fights smart.
Schedule a Free Consultation With a Madison Disorderly Conduct Attorney
Don’t let a disorderly conduct charge define your future. I’m Attorney Glenn Avena — and I’m ready to stand up for you. Call (608) 271-2271 today or contact me online to schedule your free consultation. Together, we’ll build a strong defense and protect your name, your freedom, and your future.
Avena Law Office – Defending disorderly conduct and criminal cases across Madison and all of South-Central Wisconsin.
Wis. Stat. §947.01 – Disorderly Conduct
Frequently Asked Questions (FAQ)
Is disorderly conduct a felony in Wisconsin?
No. Disorderly conduct is typically charged as a Class B misdemeanor, but it can have serious collateral consequences — especially if domestic violence is alleged.
Can disorderly conduct charges be dropped?
Yes, charges may be dropped if there is insufficient evidence, if the alleged victim recants, or if your attorney successfully argues that your actions did not meet the statutory definition of disorderly conduct.
Does disorderly conduct stay on your record in Wisconsin?
Yes. A conviction remains on your criminal record permanently, though certain cases may be eligible for expungement under limited circumstances.
Can I go to jail for disorderly conduct in Wisconsin?
Yes. A conviction can result in up to 90 days in jail, but many first-time offenders can avoid incarceration with the help of an experienced defense lawyer.
How can Avena Law Office help with my disorderly conduct case?
We provide aggressive, strategic defense tailored to your unique circumstances. Our goal is to minimize or eliminate the charges, protect your record, and help you move forward with your life.