St. Petersburg Disorderly Conduct Lawyer

Disorderly conduct is one of the broadest charges in Florida law. It is often what an officer writes down when an argument, a night out, or a confrontation with police has gone further than the officer will tolerate. It is a second-degree misdemeanor, but a conviction is still a criminal record that employers, landlords, and licensing boards can see.

Goldman Wetzel defends disorderly conduct and related charges in St. Petersburg and across Pinellas County. Both partners work on every case, and attorney Summer Goldman is a former Pinellas County prosecutor. Call (727) 828-3900 to speak with a St. Petersburg disorderly conduct lawyer. The consultation is confidential.

What Counts as Disorderly Conduct in Florida

Under Fla. Stat. § 877.03, disorderly conduct, also called breach of the peace, covers acts that corrupt public morals, outrage public decency, or disturb the peace and quiet of people who witness them. It also covers brawling and fighting. The maximum penalty is 60 days in jail and a $500 fine.

Officers often charge it together with, or instead of, one of these:

• Disorderly intoxication (§ 856.011): being intoxicated and endangering another person or property, or causing a public disturbance while intoxicated or drinking in public. A second-degree misdemeanor.
• Affray (§ 870.01): fighting another person by mutual consent in a public place. A first-degree misdemeanor, punishable by up to one year in jail.
• Resisting an officer without violence (§ 843.02): resisting, obstructing, or opposing an officer who is lawfully carrying out a legal duty. A first-degree misdemeanor.
• Battery: when a fight involves contact with another person.

Words Alone Are Usually Not Enough

The statute is written broadly, and the Florida Supreme Court narrowed it for that reason. In State v. Saunders, 339 So. 2d 641 (Fla. 1976), the court held that speech can be punished as disorderly conduct only when it amounts to “fighting words” or to words like a false shout of “fire” in a crowded theater.

Being loud, cursing, or arguing with a police officer is generally not disorderly conduct by itself. The State usually needs something more, such as conduct that drew a crowd, incited others, or created a real safety problem. Many of these arrests do not meet that standard.

What Happens After an Arrest in St. Petersburg

An officer may make an arrest or issue a notice to appear in court. A person who is arrested and still in custody sees a judge within 24 hours.

Pinellas County also has an Adult Pre-Arrest Diversion program, run by the Sheriff’s Office, that lists disorderly conduct and disorderly intoxication among its eligible offenses. A person who qualifies completes community service instead of being arrested. A recent conviction commonly makes a person ineligible.

If there is an arrest, the State Attorney’s Office for the Sixth Judicial Circuit decides whether to file a charge. Cases from St. Petersburg are heard at the Pinellas County Justice Center in Clearwater.

Why a Minor Charge Still Matters

Many people plead no contest at the first court date to be done with it. That can be a costly choice.

• A conviction cannot be sealed. If a judge adjudicates you guilty, the record cannot be sealed or expunged.
• Background checks show it. Employers, landlords, schools, and professional licensing boards can see the arrest and the result.
• There may be a better result available. If the charge is dismissed you may be able to have the record expunged, and if adjudication is withheld you may be able to have it sealed.

How We Defend Disorderly Conduct Charges

Every case is different, but our review starts with the same questions.

• Was it protected speech? If the arrest rests on what you said, we examine whether the words meet the narrow standard the Florida Supreme Court set.
• Was anyone actually disturbed? We look at whether a crowd gathered, whether anyone other than the officer complained, and what video shows.
• Was it self-defense? A person who is attacked is allowed to defend themselves.
• Was the stop or arrest lawful? If the officer had no lawful basis to detain you, that can undercut both this charge and a resisting charge.
• What does the evidence show? We gather body camera footage, security video, and witness accounts, and we compare them with the arrest report.

When the evidence is strong, the work shifts to protecting your record, which in an appropriate case can mean diversion or a resolution without a conviction.

Frequently Asked Questions

Is disorderly conduct a misdemeanor in Florida?

Yes. It is a second-degree misdemeanor, punishable by up to 60 days in jail and a $500 fine.

Can I be arrested for cursing at a police officer?

You can be arrested, but words alone are generally not enough for a conviction. The State must show fighting words or conduct that went beyond speech.

Should I just plead no contest?

Speak with a lawyer first. A plea can leave you with a conviction that cannot be sealed, when a dismissal or a withhold of adjudication may have been possible.

Can a disorderly conduct charge be sealed or expunged?

If the charge is dropped or you are acquitted, you may be able to have the record expunged. If adjudication is withheld, you may be able to have it sealed. A conviction cannot be sealed.

Related Pages

• Disorderly intoxication
• St. Petersburg battery lawyer
• Assault on an officer in St. Petersburg
• Florida misdemeanors lawyer

Speak With a St. Petersburg Disorderly Conduct Attorney

If you were arrested or given a notice to appear for disorderly conduct in St. Petersburg or anywhere in Pinellas County, contact Goldman Wetzel or call (727) 828-3900 for a confidential consultation.