Philadelphia Disorderly Conduct Charges

Fight Back Against Disorderly Conduct Charges

The Philadelphia Criminal Defense Lawyers of Goldstein Mehta LLC fight for clients who are facing misdemeanor charges like disorderly conduct in the Philadelphia Municipal Court and surrounding counties. We have successfully defended thousands of clients in the Municipal Court. If you are facing criminal charges, call 267-225-2545 for a free consultation with one of our criminal lawyers. 

Under Pennsylvania law, disorderly conduct is either a summary offense or a misdemeanor of the third degree. Disorderly conduct does not simply involve making a scene or making noise. Instead, the disorderly conduct statute has very specific elements which the Commonwealth must prove beyond a reasonable doubt. 

What is Disorderly Conduct?

First, disorderly conduct requires that the Commonwealth prove a criminal mens rea or mental state beyond a reasonable doubt. The Commonwealth must prove that the defendant acted with the "intent to cause public inconvenience, annoyance or alarm" or that the defendant recklessly created a risk thereof. Recklessness requires that the defendant consciously disregard a substantial known risk. In addition to proving the mens rea, the Commonwealth must also show certain conduct. For example, the Commonwealth must show either that the defendant:

1. engages in fighting or threatening, or in violent or tumultuous behavior; 
   

2. makes unreasonable noise;
   

3. uses obscene language, or makes an obscene gesture;
   

4. creates a hazardous or physically offensive condition by any act which serves no legitimate purpose of the actor.

Penalties and Gradation for Disorderly Conduct in Pennsylvania

The penalty for disorderly conduct depends on how the offense is graded. Most disorderly conduct cases are charged as summary offenses, the least serious classification under Pennsylvania law. A summary conviction carries a maximum of 90 days in jail and a fine of up to $300.

When the Commonwealth alleges that a person intended to cause substantial harm or serious inconvenience, or that the person continued after a reasonable warning to stop, disorderly conduct is graded as a misdemeanor of the third degree. A third-degree misdemeanor carries a maximum of one year in jail and a fine of up to $2,500.

Even a summary conviction creates a criminal record that can follow you onto background checks and affect employment, housing, and professional licensing. The consequences reach further than most people expect, which is why even a low-grade charge is often worth fighting. Most people do not receive jail time for disorderly conduct convictions, but it is also often possible to avoid a conviction and having a criminal record that could follow you for the rest of your life.

In Pennsylvania, summary offenses may be expunged after five years if the defendant meets certain conditions. Misdemeanors, however, cannot be fully expunged. Instead, a new law permits the defendant's record for certain misdemeanors like disorderly conduct to be sealed after seven years, which limits the public's access to the record. However, a conviction for disorderly conduct is still a criminal conviction which could have substantial collateral consequences. 

Defenses to Disorderly Conduct Charges

There are often defenses to disorderly conduct. Potential defenses to disorderly conduct charges include:

1. Credibility. In many cases, it may be possible to challenge the credibility of the police witnesses who have arrested and decided to charge the defendant with disorderly conduct.

2. Sufficiency of the evidence. Disorderly conduct is not simply making a scene, being loud, or giving a police officer a hard time. Instead, it requires the Commonwealth to prove very specific statutory elements beyond a reasonable doubt. For example, if the Commonwealth cannot show that there was serious inconvenience to the public, then the Commonwealth would not be able to obtain a misdemeanor disorderly conduct conviction. 
   

3. The First Amendment. Disorderly conduct frequently raises First Amendment issues because the statute may infringe on the defendant's right to free speech and assembly. It is not uncommon for the police to charge protestors with disorderly conduct when protestors are exercising legitimate First Amendment rights, and therefore, the First Amendment could be a defense to disorderly conduct charges. 

Each case is different, and our criminal defense lawyers will carefully evaluate and investigate the allegations against you and determine the best option or defense for you. 

What Happens After a Disorderly Conduct Charge in Philadelphia

How a disorderly conduct case proceeds depends on how the police charge it. An officer may issue a citation for a summary offense or file a criminal complaint for a misdemeanor.

Misdemeanor disorderly conduct cases in Philadelphia are handled in the Philadelphia Municipal Court, which hears criminal cases that carry a maximum sentence of five years or less. A person convicted of a summary offense generally has the right to appeal for a new trial, called a trial de novo, in the Court of Common Pleas.

In the right case, our lawyers work to have the charge dismissed, reduced from a misdemeanor to a summary offense, or resolved through a diversion program that avoids a conviction altogether. Every case turns on its own facts, and the sooner a lawyer reviews the evidence, the more options a defendant usually has.

A disorderly conduct case in the counties outside Philadelphia could be heard at the Magisterial District Court for a summary trial or for a preliminary hearing if charged as a misdemeanor. If the case is held for court at a preliminary hearing, then it would proceed to the county seat for a trial in front of a Common Pleas judge or a jury.

Related Charges We Defend

Police often file disorderly conduct alongside, or instead of, other public order offenses. We defend clients against all of them, including public drunkenness (18 Pa.C.S. § 5505), harassment (18 Pa.C.S. § 2709), resisting arrest (18 Pa.C.S. § 5104), failure to disperse upon official order (18 Pa.C.S. § 5502), obstructing highways and other public passages (18 Pa.C.S. § 5507), and riot (18 Pa.C.S. § 5501).

Disorderly Conduct FAQs

Is disorderly conduct a misdemeanor or a summary offense in Pennsylvania?
It can be either. In most cases, disorderly conduct is a summary offense. It becomes a misdemeanor of the third degree if the Commonwealth proves that you intended to cause substantial harm or serious inconvenience, or that you continued the conduct after a reasonable warning to stop. See 18 Pa.C.S. § 5503(b).

What is the penalty for disorderly conduct in Pennsylvania?
A summary conviction carries a maximum of 90 days in jail and a fine of up to $300. A misdemeanor of the third degree carries a maximum of one year in jail and a fine of up to $2,500. The actual sentence depends on the grading of the offense, your prior record, and the facts of the case.

Will a disorderly conduct charge show up on a background check?
Yes. A conviction for disorderly conduct, including a summary conviction, creates a criminal record that can appear on background checks until it is expunged or sealed. That record can affect employment, housing, and professional licensing.

Can a disorderly conduct conviction be expunged in Pennsylvania?
It depends on the grading and the outcome of the case. You can petition to expunge a summary conviction once you have been free of arrest or prosecution for five years. A misdemeanor of the third degree generally cannot be expunged unless you receive a pardon or the charge is dismissed, withdrawn, or otherwise resolved in your favor, although it may qualify to be sealed from public view under Pennsylvania's Clean Slate law after a conviction-free waiting period. An attorney can review your record and explain which options apply. A case that did not end in a conviction can be expunged, often right away. The expungement process can take a few months, however.

Can I be charged with disorderly conduct for arguing with a police officer?
Not on its own. Disorderly conduct requires more than making a scene, being loud, or giving an officer a hard time. The Commonwealth must prove the specific elements of the statute beyond a reasonable doubt, including a culpable mental state and conduct such as fighting, unreasonable noise, obscene language or gestures, or creating a hazardous condition that serves no legitimate purpose. Arguing with an officer, without more, often does not meet that standard. Of course, it’s possible to be wrongfully charged with something, but the police should not arrest you merely for arguing with them.

Is disorderly conduct a free speech issue?
It can be. The First Amendment limits how the disorderly conduct statute can be applied to speech and expression, and police sometimes charge protesters or people who argue with officers under this statute. Where the conduct amounts to protected speech or assembly, the First Amendment may provide a defense.

Do I need a lawyer for a disorderly conduct charge?
Even a summary citation can leave you with a criminal record and lasting collateral consequences. A defense lawyer can test whether the Commonwealth can prove each element, raise constitutional defenses, and work to keep a conviction off your record. We offer a free criminal defense strategy session at 267-225-2545.

What is the difference between expungement and sealing in Pennsylvania?
Expungement permanently destroys the record, so the case no longer exists in the public system. In Pennsylvania, expungement is generally available for charges that did not result in a conviction, for summary convictions once you have been free of arrest or prosecution for five years, and for cases resolved through ARD. Sealing, also called limited access under the Clean Slate law, does not destroy the record. It hides the record from public view, including from most employers and landlords, but law enforcement and the courts can still see it. A misdemeanor of the third degree generally cannot be expunged, but it may be sealed once you remain conviction-free for seven years. An attorney can tell you which one applies to your case.

Our Philadelphia Criminal Defense Lawyers Can Help With Disorderly Conduct Charges

If you are charged with Disorderly Conduct or any other misdemeanor charge in the Municipal Court of Philadelphia or any of the surrounding counties, call 267-225-2545 today for a free 15-minute criminal defense strategy session. Our experienced criminal defense lawyers are typically available for same-day phone consultations and in-person meetings so that we can begin investigating your case, obtaining exculpatory evidence, and planning your defense. We have represented thousands of clients in the Philadelphia Municipal Court in misdemeanor trials and motions, and we have an outstanding record of success. If you or a loved one are facing criminal charges, we will fight for you. We will not simply accept the Commonwealth's accusations against you or encourage a plea deal simply to save time or money.  

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The Disorderly Conduct Statute

§ 5503.  Disorderly conduct.

(a)  Offense defined.--A person is guilty of disorderly conduct if, with intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, he:

(1)  engages in fighting or threatening, or in violent or tumultuous behavior;

(2)  makes unreasonable noise;

(3)  uses obscene language, or makes an obscene gesture; or

(4)  creates a hazardous or physically offensive condition by any act which serves no legitimate purpose of the actor.

(b)  Grading.--An offense under this section is a misdemeanor of the third degree if the intent of the actor is to cause substantial harm or serious inconvenience, or if he persists in disorderly conduct after reasonable warning or request to desist. Otherwise disorderly conduct is a summary offense.

(c)  Definition.--As used in this section the word "public" means affecting or likely to affect persons in a place to which the public or a substantial group has access; among the places included are highways, transport facilities, schools, prisons, apartment houses, places of business or amusement, any neighborhood, or any premises which are open to the public.