Fort Lauderdale based Criminal Defense Lawyer Bradford Cohen has represented individuals accused of disorderly conduct throughout the state of Florida. Although a very broad statute in terms of who can be charged with the crime, there are many defenses. In the State of Florida an individual can claim "self defense" as an affirmative defense to Disorderly conduct. Essentially, if you are in a fight or brawl and you are simply defending yourself, this should not be considered a breach of the peace or disorderly conduct. If you are charged with the crime call today for your free consultation with criminal defense attorney Bradford Cohen.
Those who have been charged with this crime commonly ask Bradford Cohen, “What is Breach of the Peace?” “How could I have breached the peace if I was defending myself?” The Florida Statute 877.03 defines Breach of the peace/disorderly conduct as someone who does something that outrages a sense of public decency or morality, or does something that would affect the peace and quiet of someone who can witness them, or engages in brawling or fighting.
The next question Bradford is often asked is what degree of crime is it? A felony? A Misdemeanor? In this case the statute specifically states that anyone is charged with this crime is “guilty of a misdemeanor of the second degree, punishable as provided in Florida Statute 775.082 or Florida Statute 775.083.”
So the next question is what is a misdemeanor of the second degree? Misdemeanors of the second degree may be the least serious misdemeanors in Florida, but a conviction can result in a jail term of up to 60 days and a fine of up to $500. That’s why if you have been arrested or charged with this crime your first call should be to our office at 888 COHEN LAW.
There are times when a crime can be filed as a municipal ordinance as opposed to a misdemeanor. The major difference between the two are the filing entities. In a criminal misdemeanor case the filing entity or the entity prosecuting you is the State of Florida. In a municipal ordinance case or MO case as they are commonly called it is the City prosecuting you. You would thinkit does not make a large difference in who is prosecuting your case, but you would be mistaken. Quite often city cases are resolved a lot easier with diversion programs, allowing you to seal or expunge your record when the case is dismissed. To determine if you have a misdemeanor case or a municipal ordinance case, look at your case number in Broward County clerk of courts. If it has a MO in the number it is a municipal ordinance. If it has a MM in it, it is a misdemeanor.
As you can see there is a wide-range of acts that could be considered Breach of the Peace/ Disorderly Conduct. Here at Bradford Cohen Law we want to help you in your Breach of the Peace/ Disorderly Conduct case. We will aggressively fight the charges pending against you. Call our office at 888 COHEN LAW to discuss your case and let our law firm use our years of experience in Criminal Defense assist you in obtaining a fruitful resolution to your case whether you are in the Fort Lauderdale, Miami, Dade or West Palm Beach areas. Bradford Cohen has been very successful in defending these types of crimes throughout his career.