Disorderly Conduct Lawyer
As an experienced Madison disorderly conduct lawyer, I have had the opportunity to represent numerous clients facing disorderly conduct charges in Wisconsin. Disorderly conduct cases can be complex, and the impact on your life, family, and future prospects can be significant.
Do not let disorderly conduct charges derail your future. If you or someone you know is facing disorderly conduct charges in Wisconsin, get the experienced and dedicated and aggressive representation you need!
Call us today for a Free Consultation.
We represent clients in criminal defense matters on a fixed fee basis, and we accept credit card payments. Reach out to Avena Law Office today for a consultation, and let me protect your rights and work in seeking the best possible outcome for your case.
What Is Disorderly Conduct in Wisconsin?
In Wisconsin, disorderly conduct laws are governed by Statute 947.01, which defines disorderly conduct as follows: “Whoever, in a public or private place, engages in violent, abusive, indecent, profane, boisterous, unreasonably loud, or otherwise disorderly conduct under circumstances in which the conduct tends to cause or provoke a disturbance is guilty of a Class B misdemeanor.”
Are There Different Categories of Disorderly Conduct in Wisconsin?
Disorderly conduct can be divided into two categories: public and domestic disorderly conduct. The primary difference between these categories lies in the relationship between the people involved.
Public disorderly conduct typically involves strangers, whereas domestic disorderly conduct requires a “domestic” relationship between the parties. In Wisconsin, a domestic relationship can be defined as people who are dating, married, divorced, roommates (current or former), parents to a common child, expecting a child together, or related by blood or marriage.
Domestic disorderly conduct charges carry more severe consequences than their public counterparts, including a lifelong ban on firearm possession or usage. The vague nature of Statute 947.01 allows for a great deal of flexibility in defining any particular disorderly conduct, which often comes down to the subjective judgment of people at the scene and the responding police officer. Due to the ambiguity in defining disorderly conduct, it is crucial to have an experienced domestic disorderly conduct lawyer on your side who can zealously argue for dismissal or reduced charges and penalties.
Can I Be Charged With Disorderly Conduct If I Didn’t Disturb Anyone?
Under Wisconsin law, a person does not necessarily have to disturb someone for their conduct to be considered disorderly conduct. The key factor is whether the conduct tends to provoke a disturbance, as opposed to whether someone was actually disturbed by it.
Can I Be Charged With Disorderly Conduct Based On Speech Alone?
If the speech serves no purpose other than to cause a disturbance, it may be considered disorderly conduct in Wisconsin. This highlights the importance of understanding the nuances of disorderly conduct charges and seeking experienced legal representation to protect your rights and navigate the complexities of the legal system.
What Are the Potential Penalties for A Disorderly Conduct Charge in Wisconsin?
Many people are surprised to learn that telephone calls, computer usage, and Internet usage can also be charged under disorderly conduct laws. What’s even more surprising is the harsh punishments that can result from disorderly conduct charges.
As a Class B misdemeanor, disorderly conduct can lead to the following penalties:
- Jail term: Up to 90 days in jail.
- Fines: Up to $1,000 in fines, with the court deciding the specific amount.
- No firearm possession: In domestic disorderly conduct cases, the court can order the convicted defendant to refrain from possessing firearms.
- Probation: The defendant may be ordered into probation with the condition of undergoing counseling, such as anger management therapy.
- Restraining orders: These may include requirements to refrain from contact with the victim and prevent the defendant from working in certain public institutions, such as nursing homes or childcare centers.
- Community service: The court may order the defendant to donate services for the benefit of the public or its institutions.
Disorderly conduct charges can have a lasting impact on your future, including the well-being of your family and your chances for employment and obtaining specific licenses. As an experienced Madison disorderly conduct defense lawyer, I can zealously advocate for reduced charges and penalties, and dismissals (whenever possible).
What Are Possible Defenses of Disorderly Conduct Charges in Wisconsin?
There are several potential defenses for disorderly conduct cases that an experienced attorney can help you explore, including:
- Freedom of Speech: If your case involves speech-related conduct, it is crucial to determine if your actions are protected under the First Amendment. While certain speech might be considered offensive or inappropriate, it may not rise to the level of disorderly conduct under Wisconsin law.
- Lack of Intent: In some cases, we may be able to argue that you did not intend to cause or provoke a disturbance, which is a critical element in a disorderly conduct charge. Demonstrating a lack of intent could potentially result in the charges being dismissed or reduced.
- Self-Defense: If your actions were a result of self-defense or defending others, we can argue that your conduct was justified under Wisconsin law. We will work diligently to gather evidence and present a compelling case for self-defense.
- Insufficient Evidence: In some cases, the evidence against you may be insufficient or unreliable. We will carefully examine the evidence presented by the prosecution and challenge any inconsistencies or inaccuracies to ensure you receive a fair trial.
- Police Misconduct: If the police officer who arrested you violated your rights during the arrest or investigation, we may be able to use this to your advantage. Examples of police misconduct could include an unlawful search, false statements in a police report, or excessive use of force.
At Avena Law Office, we understand that each disorderly conduct case is unique and requires a tailored approach. I can work closely with you to gather all the relevant facts, review the evidence, and develop a comprehensive defense strategy designed to protect your rights and secure the best possible outcome for your case.
Schedule A Consultation with an Experienced Disorderly Conduct Attorney.
Facing disorderly conduct charges in Wisconsin can have severe consequences on an individual’s life, family, and future prospects. As an experienced Madison disorderly conduct defense lawyer, I am committed to providing you with the dedicated legal representation you need to navigate the complexities of the Wisconsin legal system. If you or someone you know is facing disorderly conduct charges, don’t hesitate to reach out to Avena Law Office today.