In Wisconsin, a person can commit the crime of disorderly conduct in different ways. Anything from yelling to using obscenities to making excessive noise can be considered disorderly conduct. While many different behaviors can be considered disorderly conduct, what these acts have in common is that they are likely to upset, anger, or annoy others. Wisconsin also has laws against disruptive assemblies and protests.
Disorderly conduct is a common basis for an arrest or a citation in Wisconsin.
Wisconsin Law on Disorderly Conduct
Wisconsin law describes what constitutes disorderly conduct. Under the law, disorderly conduct can take place in a public or private place.
Further, the law provides that the accused must engage in conduct that, under the circumstances, is:
· Violent;
· Abusive;
· Indecent;
· Profane;
· Boisterous;
· Unreasonably loud; or
· Otherwise disorderly.
Additionally, the conduct must tend to cause or provoke a disturbance. The law does not require that there actually be a disturbance. Rather, it only requires that the conduct has the capability to do so. Because the disorderly conduct statute is written broadly, many types of conduct are included and the statute could be invoked unevenly. Many times, deciding whether a course of conduct is disorderly is a subjective determination. In other words, the same conduct that would be criminal in some circumstances would not be criminal in others.
Penalties for Disorderly Conduct
A conviction for disorderly conduct is a Class B misdemeanor. Therefore, you could face up to 90 days in jail and/or up to a $1,000 fine.
A judge will set the sentence largely based on the severity of the crime. However, a judge will entertain arguments from your attorney on what an appropriate sentence should be.
If the accused has been convicted of three misdemeanors on three separate occasions in the past five years or has one felony conviction within the past five years, that person could be considered a repeater. For example, if someone has three convictions for disorderly conduct in five years, a court will likely consider the person to be a repeater.
Repeaters face up to two years in prison for disorderly conduct. Therefore, if you believe you may be considered a repeater, it is critical to meet with an attorney as soon as possible.
If you have questions about disorderly conduct charges or are in need of any legal help, contact us today. Please contact us by text or phone at (414) 775-7445 or email at laura@jlfwisconsin.com anytime.
*Any articles in the Libra or posted by Jones Law Firm LLC are not legal advice for a particular client or situation. Further no attorney-client relationship is intended or created with this post.*
