What is Public Disorderly Conduct in South Carolina?
“Public Disorderly Conduct” (also known as “Disturbing the Peace”) is a fairly common, catch-all charge that a police officer may use if you are allegedly behaving in a way that is disruptive, alarming, loud, or indicates possible intoxication in public.
It’s easier than you may think to receive such a charge, as behavior which might seem reasonable to you might cause a neighbor or bystander to feel threatened and involve the police.
So what can lead to a public disorderly conduct charge, and what can you do to fight back?
Understanding Public Disorderly Conduct Charges
South Carolina state law specifies three main ways you can be charged with public disorderly conduct:
- Public intoxication (being drunk in a public place) or behaving in a disorderly or boisterous manner.
- Using obscene or profane language on a highway or at any public place, or within hearing distance of a school or church
- Firing any kind of gun or firearm within 50 yards of any public road while intoxicated or pretending to be intoxicated, except on your own property, without a justifiable cause
It is also against the law to disturb a religious service or meeting by yelling, using offensive language, or appearing at such a service intoxicated.
To fight back against charges of disorderly conduct, it is always best to reach out to a South Carolina criminal defense attorney.
When And Where Might These Charges Be Applied?
In South Carolina, disorderly conduct is described as public behavior that might upset, anger, annoy, or alarm other people. Public places can include a grocery store, park, street, or any other place where members of the public can freely come and go.
A privately-owned business can also be considered a public place, especially a retail store (such as a Walmart) or restaurant.
Yelling at, swearing at, or starting a fight with someone in a public place can easily lead to disorderly conduct charges. In other cases, simply being loud and arguably disruptive in public may lead to charges if others suspect intoxication or claim they felt threatened by your behavior.
First-Time Disorderly Conduct Penalties In South Carolina
If this is your first-time disorderly conduct charge in South Carolina, a conviction may result in:
- Fines of up to $100
- Jail time of up to 30 days
- Probation, often requiring rehabilitation or treatment
A record of arrest and conviction could also impact future opportunities, especially in instances where an application asks you to list prior arrests or legal incidents. To help protect your rights and freedom, reaching out to a criminal defense attorney as soon as possible is best.
How Will An Attorney Help Fight Your Charges?
A criminal defense lawyer will develop a strategy to fight your charges and help you understand the legal process. A disorderly conduct conviction attorney will explain your rights during court proceedings.
Your lawyer should ensure that any plea agreements will be fair. Furthermore, an experienced disorderly conduct attorney will know how to negotiate with the prosecution as well as present evidence in court, ideally allowing your charges to be lowered or dropped.
Defense Options For Disorderly Conduct
Simply being loud or causing concern to those around you does not mean a disorderly conduct charge is warranted.
Possible defenses to the charges you face could include…
- A lack of obscene language on your part
- A lack of intoxication
- A lack of intent to disturb or threaten others
- A medical condition
- Acting in self-defense when threatened
As soon as you are able to, reach out to a criminal defense attorney so that they can begin to understand the background of your arrest and help launch a meaningful defense.
Have You Been Arrested For Disorderly Conduct? Reach Out Today
An especially loud party, celebration, or argument in public doesn’t have to result in a criminal record. Your rights matter, and when you’ve been arrested for disorderly conduct or disturbing the peace, you need proactive, experienced legal help.
To secure legal help, a free initial consultation is your next best step. Get the information, legal answers, and representation you need by calling Sahn Law Firm at (843) 856-2222 today.
