Orlando Attorney

When you are out having a few drinks with friends, you are probably not thinking about being arrested. Unfortunately, when a few drinks become many and you become drunk, you may find yourself arrested and facing charges of disorderly conduct or disorderly intoxication. Since there are broad laws regarding taking the harm of drinking and partying to the limit, there are many loopholes between the time law enforcement picks up a defendant, and the time he or she has talked to an attorney.

Disorderly Conduct

Disorderly conduct, sometimes called disturbing the peace, is a broad term that covers a variety of offenses that relate to public safety. While the specifics can change from one locale to the next, the definition is usually included in a statute and relates to obscene language, loitering, inciting a crowd or bothering others who are using public transportation. The offender might commit unruly behavior and end up disturbing others. While police sometimes use this crime as a catchall, the violation must be specifically stated according to the laws. In some cases, the offender may have been intoxicated, but that is not always the case.

  • Disorderly conduct crimes are punished according to the jurisdiction where the crime was committed. If the crime was charged as a misdemeanor, the offender will face a less severe sentence than if the crime was charged as a felony. Penalties might include community service hours so that the offender gives back to the community. The offender may need to attend counseling. Fines emphasize the seriousness of the person's actions. He or she might be ordered to stay away from a certain location or individual. Some courts might offer a diversion program where the person can attend classes and have the crime wiped off his or her record.
  • Finally, he or she might be sentenced to time in custody in more serious cases. The prosecution and the judge will consider a person's criminal history at sentencing. As in most cases, when a person is before the court for his or her first offense, the sentence is usually lighter; however, if he or she has a lengthy criminal history, he or she may face stricter sanctions. If the person ends up with a felony on his or her record, he or she could struggle with pursuing educational options or with obtaining work.

A number of different crimes might fall under the umbrella of disorderly conduct. Some of these include:

  • Fighting
  • Public drunkenness or intoxication
  • Inciting a riot
  • Disturbing the peace
  • Loitering; blocking traffic
  • Vagrancy
  • Using extremely loud, obscene or abusive language in public

Disorderly Intoxication

Florida is known as a state of tourism and entertainment with over 60 million visitors coming into the Orlando theme parks and the beaches every year. With this high number of tourists here for fun and a temporary stay, there are certain types of crimes that are associated with this environment, and disorderly intoxication is one of the most common offenses.

  • According to Florida statutes, disorderly intoxication is defined as a violation caused by being intoxicated and endangering the safety of others. Florida statutes also state that no one in Florida may be intoxicated in a public place and cause a disturbance or harm to others. Disorderly intoxication is a misdemeanor in the second degree.
  • Intoxication is a state of mind that goes past a few drinks at happy hour or with a night of dancing. Intoxication progresses to inebriation, which means that the drinker's psychological state and physical abilities become distorted. Due to this, fights and other dangers occur more easily. This law protects the public because not everyone is a "happy drunk," and many drinkers lose control of what is going on in the environment or they get angrier the more they drink.
  • Typically, the problem is not with casual drinkers. The chance of being arrested involves taking violent behavior out into the streets, public parks, parties or the beaches. Having no preconceived idea to commit harm, or no "specific intent," allows a skilled criminal defense lawyer to assist the defendant by taking the charge before the judge. This is one reason to accept only an Orlando defense lawyer who is familiar with central Florida and Florida laws.

Penalties For Disorderly Intoxication

The penalty for disorderly intoxication in the state of Florida is a fine of $500, six months in jail or both. If arrested and convicted three times within 12 months, the drinker would be named a habitual offender and could be committed to a rehab facility by the arresting officer at his/her discretion. The extremely dangerous action of someone who is drunk and disorderly is to go one step further and hit the road driving in that condition.

A person could be charged with disorderly conduct for several reasons. First, he or she might have a legitimate health issue that causes physical problems like seizures. The police may just decide they want to arrest a person who is exercising his or her constitutional rights to assemble peaceably. The accused person might question a law enforcement officer who overstepped his or her legal authority and then face charges of disorderly conduct.

Charged With Disorderly Conduct Or Intoxication? Contact Us Day Or Night.

If you have been arrested for disorderly conduct or disorderly intoxication, turn to our knowledgeable criminal defense lawyers at The Umansky Law Firm. We have more than 60 years of combined experience that we use when evaluating the details of the intoxicated incident and resolve a strategic plan for you.

If you're facing charges related to drinking, and would like to speak with an experienced criminal defense attorney in Orlando regarding your charges, contact The Umansky Law Firm online or call us at 407-228-3838.

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