Disorderly Conduct Georgia

Disorderly Conduct Charges in Georgia
This article discusses disorderly conduct charges in Georgia including the definition of disorderly conduct, potential consequences, and defense strategies.
What is Disorderly Conduct in Georgia
The public disorder offense of Disorderly Conduct in Georgia is defined under state law O.C.G.A. § 16-11-39 and described as &offenses against public order and safety&. Specifically, the law states:
- (a) A person commits the offense of disorderly conduct when such person commits any of the following:
- (1) Acts in a violent or tumultuous manner toward another person whereby such person is placed in reasonable fear of the safety of such person’s life, limb, or health;
- (2) Acts in a violent or tumultuous manner toward another person whereby the property of such person is placed in danger of being damaged or destroyed;
- (3) Without provocation, uses to or of another person in such other person’s presence, opprobrious or abusive words which by their very utterance tend to incite to an immediate breach of the peace, that is to say, words which as a matter of common knowledge and under ordinary circumstances will, when used to or of another person in such other person’s presence, naturally tend to provoke violent resentment, that is, words commonly called “fighting words”; or
- (4) Without provocation, uses obscene and vulgar or profane language in the presence of or by telephone to a person under the age of 14 years which threatens an immediate breach of the peace.
- (b) Any person who commits the offense of disorderly conduct shall be guilty of a misdemeanor.
- (c) This Code section shall not be deemed or construed to affect or limit the powers of counties or municipal corporations to adopt ordinances or resolutions prohibiting disorderly conduct within their respective limits.
Application of this Charge
The definition and interpretation of disorderly conduct is fairly broad. For this reason, police can typically use this charge to arrest anyone they claim to be acting in an unruly manner. Wikipedia offers this definition; "Typically, “disorderly conduct” is a term used to refer to any behavior that is considered unacceptable in a formal, civilized or controlled environment. "1
Examples of Disorderly Conduct
Common actions that bring arrest are: disturbing the peace, unruly behavior, use of obscene language or gestures in public, using fighting words or similar actions that can cause a breach of peace.
Consequences & Penalties
In Georgia, this charge is classified as a misdemeanor. Most convictions for behaving in a disorderly manner have relatively light consequences. In some cases, a disorderly conduct charge is tied to other charges (i.e., public intoxication, using fireworks under the influence of alcohol, etc.). In these situations, this add-on charge can cause the court to increase the punishment for other offenses.
Potential Consequences
- Arrest Record for a misdemeanor
- Jail Time of 6-12 months
- Fine up to $1,000
- Community Service
- Classes or Counseling for anger management, substance abuse, etc.
- Probation years of supervised or unsupervised probation
First Time Offender? If this is your first arrest, you may be able to have it all go away via the First Offender Act. If not, you may be interested in the words of defense lawyer Pt Dutcher, who says on AVVO; "Usually, a first time misdemeanor offense is eligible for pre-trial diversion (going through a court ordered program in exchange for a dismissal). They could also seek to put him on probation and ask that he undergo a drug and alcohol program and complete community service." 2
Often overlooked, are future problems from an arrest record. An arrest record can hinder employment potential, security clearances, child custody, and more. A public disorder charge on a commercial flight or at an airport could cause you to be added to a no-fly list. Even a future traffic stop could be more difficult if the police know you have an arrest record.
How to Beat a Disorderly Conduct Charge in Georgia
- Argue that the alleged action(s) did not occur, or did not occur as described
- Argue lack of intent to act unruly, or awareness that you were acting unruly
- Age, if the alleged behavior is normal or typical for children
- Self-defense or responding to being verbally or physically challenged or acosted
Related Public Order Laws
Offenses against public order and safety are part of a related area of Georgia law. This area covers:
- § 16-11-30 – Riot
- § 16-11-31 – Inciting to Riot
- § 16-11-32 – Affray
- § 16-11-33 – Unlawful Assembly
- § 16-11-34 – Preventing or Disrupting Lawful Meetings, Gatherings, or Processions
- § 16-11-34.1 – Preventing or Disrupting General Assembly Sessions or other Meetings of Members; Unlawful Activities Within the State Capitol or certain Capitol Square Buildings
- § 16-11-34.2 – Disorderly or Disruptive Conduct at any Funeral or Memorial Service
- § 16-11-35 – Removal from Campus or Facility of Unit of University System or School; Failure to Leave
- § 16-11-36 – Loitering or Prowling
- § 16-11-37 – Terroristic Threats and Acts; Penalties
- § 16-11-37.1 – Dissemination of Information Relating to Terroristic Acts
- § 16-11-38 – Wearing Mask, Hood, or Device which Conceals Identity of Wearer
- § 16-11-39.1 – Harassing Phone Calls
- § 16-11-39.2 – Unlawful Conduct During 9-1-1 Call
- § 16-11-40 – Criminal Defamation
- § 16-11-41 – Public Drunkenness
- § 16-11-42 – Refusal to Relinquish Telephone Party Line in Case of Emergency; False Request on Party Line as to Emergency; Warning Printed in Telephone Books
- § 16-11-43 – Obstructing Highways, Streets, Sidewalks, or other Public Passages
- § 16-11-44 – Maintaining a Disorderly House
The AVVO website has useful tips that were provided by a disorderly conduct defense lawyer. The lawyer, Mr. Stephen Sawyer, stated, "Go to court. Be on time. Dress appropriately. Enter a "not guilty" plea. Ask to speak with the prosecutor about your options. Be polite and respectful. Ask about your options." 3
If you have been charged with a public disorder crime such as disorderly conduct you should contact a defense lawyer at 770-956-1400.
CREDITS and FOOTNOTES
- 1 Various Contributors, "Disorderly Conduct", September 17, 2024, Available from Wikipedia
- 2 Pat Dutcher, "What will the punishment be for a first time misdemeanor offense in Georgia?", November 13, 2019, Available from AVVO
- 3 Attorney Stephen Sawyer, "How can I fight a disorderly conduct charge/ticket?", August 27, 2018, Available from AVVO
- Photo by JoanBrown51, available at Pixabay