At first glance, public disorderly conduct charges might seem insignificant, thereby opting to handle the case on their own in court. This is a grave mistake that many an Akin resident have made and lived to regret their decision.
Many individuals faced these charges. The way public disorderly conduct is codified in South Carolina’s statutes gives a broad scope of causes that can lead to this charge. Consequently, it’s one of the most applied charges as it’s used as a catch-all tool by law enforcement officers fighting unsavory behavior.
For instance, it’s typically used when persons at any scene the police are called to have not committed any crimes, but it makes their job a tad difficult.
While penalties might be high, they often have life-long residual consequences that might affect you later. A misdemeanor conviction following a public disorderly conduct charge might affect your employment opportunities.
Considering the above, we encourage you to contact our criminal defense attorneys at Johnson, Johnson, Whittle, Lancer, and Staggs to help you fight a public disorderly conduct charge in Aiken. Call us today at (803) 649-5338.
What is Disorderly Conduct?
South Carolina has defined and regulated public disorderly conduct under the South Carolina Code Section 16-17-530.
According to the above code section, disorderly conduct arises in the following situations/behaviors:
- Being in a public place, on a highway, or gathering in a severe state of intoxication. Conducting oneself in a disorderly or boisterous manner.
- Using obscene language in a public place, on a highway, or in the proximity of churches or schoolhouses.
- While intoxicated or feigning intoxication, discharging a gun, pistol, or another firearm without cause and within 50 yards of a public road or highway.
Types of Disorderly Conduct
Taking into account the codified definition of public disorderly conduct, these are the types of disorderly conduct you should be aware of:
- Public intoxication and disturbances. You should note that while being in an intoxicated state isn’t in itself a violation of the codes, disturbing strangers and law enforcement officers will attract a public disorderly conduct charge.
- Using profane or obscene language in public spaces.
- Conduct that could incite violence or disrupt public peace.
Either of these behaviors or their combination will attract a public disorderly conduct charge.
Common Examples of Disorderly Conduct in South Carolina
To understand better what constitutes disorderly conduct in South Carolina, let’s look at some common examples of people who attract a public disorderly conduct charge.
#1: Public Intoxication
As noted above, being intoxicated does not qualify as a public disorderly conduct violation. Walking out of the pub while drunk does not necessarily mean you are disorderly. However, the broad codification of public disturbance gives law enforcement officers a lot of leeway in their charge.
As such, it is common for police officers to charge individuals who seem to be visibly intoxicated in public spaces such as parks, streets, events, malls, or any other public areas. Exhibiting
#2: Disruptive Behavior at Public Events
You might also be charged if your behavior is deemed disruptive, disturbing the peace, or causing upset, annoyance, or angering people. Getting involved in fights, loud arguments, or disturbances in public gatherings or events exposes you to a public disorderly conduct charge.
Moreover, using vulgar language, obscene words, or initiating a fight near a school or religious institution exposes you to a charge for public disorderly conduct in South Carolina.
#3: Obstruction of Public Ways
It is unlawful to block public walkways, streets, or access to public services. Contravening this rules can result in a disorderly conduct charge or a traffic ticket.
Penalties for Disorderly Conduct in South Carolina
The penalties for public disorderly conduct in South Carolina can include fines, possible jail time, and a criminal record, with harsher consequences for repeat offenses or aggravating circumstances.
Class C Misdemeanor
When accused of public disorderly conduct for the first time, the court may defer further legal proceedings and place you on probation with terms and requirements such as seeking rehabilitation treatment.
Upon completing your probation, the court dismisses the charge. However, if you violate your probation terms, the court may render a guilty verdict.
When the court renders a guilty verdict, the accused is convicted of a Class C misdemeanor, which can lead to fines of up to $100 or imprisonment of up to 30 days. Moreover, you get a misdemeanor conviction record on your criminal record.
Enhanced Penalties for Aggravating Circumstances
When you’re charged with public disorderly conduct violation, and there are aggravating circumstances, such as being near a school, being in a public gathering, or using violence or threats of violence, the court is highly likely to impose the harshest penalty possible, even if it’s your first charge.
Defenses Against Disorderly Conduct Charges
Defenses against public disorderly conduct charges in South Carolina can include challenging the intent behind the alleged behavior, asserting your First Amendment rights, or proving that you were acting in self-defense during the incident. An experienced defense attorney can evaluate the specifics of your case to determine the best strategy.
- Lack of Intent – You can use lack of intent to cause disorder as a defense. Presenting evidence that your actions were unintentional or accidental can challenge the accusation that you willingly caused disorder or created a hazardous environment, resulting in the charge.
- First Amendment Protections – The right to free speech is guaranteed in our Federal Constitution. As such, in cases where the PDC charge impugns one’s guaranteed rights, an experienced defense attorney can use the First Amendment protections and defense. The same applies to the right to peaceful assembly and freedom of expression.
- Self-Defense – In the case of a PDC charge emanating from a fight, you might use self-dense to minimize the penalties or avoid a conviction. This is especially effective if you didn’t initiate the fight.
How a Criminal Defense Attorney Can Help in South Carolina
A South Carolina defense attorney can help by analyzing the details of your public disorderly conduct case, identifying potential defenses, and negotiating with prosecutors to reduce charges or penalties. They will ensure your rights are protected throughout the legal process and work to minimize the impact on your record.
Navigating the Legal System
The overarching benefit of retaining a defense attorney to help you fight a PDC charge is their ability and experience navigating such cases. An experienced defense attorney will take you through the legal process from the case’s onset, ensuring your rights are protected. Importantly, they will guide you on your options and how best to achieve a positive outcome.
Negotiating Reduced Penalties
As a first-time offender, you might not know your options or how to minimize your penalties, but an experienced attorney will know. Therefore, hiring a defense lawyer allows you to tap into their knowledge and experience while defending, trying to minimize the penalties, especially for first-time offenders.
Protecting Your Criminal Record
While the penalties accrued from a PDC conviction might not be severe to some, the long-term effects of a criminal record might put hurdles in your career. A conviction, even of Class C Misdemeanor, can have severe ramifications for your future career prospects and employment opportunities. Having a lawyer to help avoid a conviction goes a long way to protect your future.
Recap of Disorderly Conduct in South Carolina
In South Carolina, disorderly conduct is behavior and public actions that upset, anger, or annoy other people. A public disorderly conduct conviction carries fines and a possible jail term of up to 30 days. As such, it is essential to retain a defense attorney to give yourself the best chance of beating the charges.
If you’re facing a disorderly conduct charge in Aiken, the experienced defense attorneys at Johnson, Johnson, Whittle, Lancer, & Staggs are ready to help you defend yourself. Reach out for a consultation to discuss their legal options and secure a strong defense.
Call us today (803) 649-5338!
