Disorderly Conduct Lawyers Philadelphia

Disorderly conduct is a summary violation of section 5503(a)(4) of the Pennsylvania Crimes Code (Code). 18 Pa.C.S. § 5503(a)(4). The term disorderly conduct is defined broadly and often includes conduct resulting from public intoxication, a fight or threats to inflict bodily harm on another person.

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Philadelphia Disorderly Conduct Lawyer

If you were arrested for or charged with disorderly conduct or the related offenses of public drunkenness, underaged drinking or possession of alcohol, then contact an experienced criminal defense attorney at Alva & Moscow, LLC.

Our attorneys represent clients on a variety of misdemeanor and felony offenses throughout Philadelphia, Pennsylvania, as well as Bucks County, Chester County, Montgomery County and Delaware County. Call (215) 665-1695 today for a free consultation to discuss your case.

Overview of Disorderly Conduct in Pennsylvania

How did this statute come about? What constitutes a violation of this statute? What are the possible consequences if a person is convicted? How are some the terms in this statute defined? What is the policy of the Philadelphia Police Department regarding this statute?

History of Pennsylvania's Disorderly Conduct Statute

The crime of disorderly conduct is set out in 18 Pa.C.S.A. § 5503 of Chapter 55 for "Riot, Disorderly Conduct and Related Offenses" in Article F for "Offenses Against Public Order and Decency." Pennsylvania's disorderly conduct statute became effective June 6, 1973.

The statute originally derived from Section 250.2 of the Model Penal Code. Other statutes prohibit the crime of disorderly conduct if it is committed in certain specified places such as a railroad car as provided in Section 406 (18 P.S. § 4406).

Disorderly Conduct defense attorney Philadelphia

Required Elements of the Disorderly Conduct Statute

Section 5503(a) of Pennsylvania Statutes define disorderly conduct as acting with intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof while:

engaging in fighting or threatening, or in violent or tumultuous behavior;
making unreasonable noise;
using obscene language or making an obscene gesture; or
creating a hazardous or physically offensive condition by any act which serves no legitimate purpose of the actor.

Penalties for Disorderly Conduct

Under Section 5503(b) the grading of the offense depends on certain additional factors. Normally, disorderly conduct is classified as a summary offense. A summary offense is any minor crime, initially heard and decided by a district justice. Other types of non-traffic summary offenses include underage drinking, harassment, criminal mischief and first offense shoplifting.

Disorderly conduct 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.

Definitions in Pennsylvania's Disorderly Conduct Statute

Under Pennsylvania's disorderly conduct statute, under 18 Pa. Cons. Stat. Ann. § 5503(c) the term “public” means affecting or likely to affect persons in a place to which the public or a substantial group has access.

The statute specifically includes any premises which is open to the public and places such as "highways, transport facilities, schools, prisons, apartment houses, places of business or amusement, [or] any neighborhood…."

Philadelphia Police Department on Disorderly Conduct

According to the Citizen Information Bulletin #8 of the Philadelphia Police Department on disorderly conduct, "[t]he legal requirement of this law demands proof that the person by his/her actions intentionally or recklessly created a risk or caused a public inconvenience, annoyance or alarm. Intent can be inferred from a police officers annoyance or frustration with the person."

The Philadelphia Police Department recognizes that the statute should not be used as a catch-all or dragnet for the prosecution of conduct that is merely uncivil, annoying or irritating. The stated policy of the police department in Philadelphia is to make an arrest for disorderly conduct only when the statutory elements have been met. The statute may not be used to punish anyone exercising a protected First Amendment Right.

Finding a Philadelphia Defense Attorney for Disorderly Conduct

The criminal offense of disorderly conduct is a criminal offense with criminal penalties. Important defenses exist in many of these cases that may help you fight the charges. Call Alva & Moscow, LLC to discuss your case and possible defenses.

Disorderly Conduct FAQs

What is disorderly conduct in Pennsylvania?

Under 18 Pa.C.S. § 5503, disorderly conduct is causing public inconvenience, annoyance, or alarm by fighting, threatening behavior, unreasonable noise, obscene language or gestures, or creating a hazardous condition with no legitimate purpose. It is a summary offense, rising to a third-degree misdemeanor if the intent was to cause substantial harm or the conduct persisted after warnings.

Is disorderly conduct a criminal record?

Yes, even as a summary offense it appears on a Pennsylvania criminal record check. The saving grace is expungement: a summary conviction can be expunged after five arrest-free years, and cases resolved without conviction can be expunged immediately. Treating it as just a ticket and pleading guilty by mail creates a record unnecessarily.

Can I be charged with disorderly conduct for arguing with police?

Words alone, including profanity directed at officers, are constitutionally protected in most circumstances and do not satisfy the statute. Courts have repeatedly reversed disorderly convictions built on speech. These charges frequently function as contempt-of-cop citations, and they are among the most winnable cases in the summary courts.

Will disorderly conduct affect my job or immigration status?

A summary disorderly conviction is a minor record but still a conviction, and it can complicate professional licensing answers and certain immigration postures depending on the underlying conduct alleged. Where any of those stakes exist, fighting the citation or negotiating a non-record disposition is worth far more than the fine at issue.

Should I just pay the disorderly conduct fine?

Paying the fine is a guilty plea and creates the record. Contesting the citation costs a hearing date, and the Commonwealth must actually prove public alarm and the intent element - which it often cannot, particularly in cases arising from private disputes, single outbursts, or protected speech. Many citations are dismissed or downgraded at the hearing.

Finding The Best

Attorney in Philadelphia For Your Case

If you are facing any kind of injustice, be it a wrongful criminal accusation or being injured by the negligence of another, a fearless Philadelphia attorney from Alva & Moscow, LLC can fight zealously for your rights. We can serve as your criminal defense lawyer or your personal injury attorney. We apply our principles of aggressive representation to seek the best results for you.

We represent clients throughout the Philadelphia area, including Bucks, Chester, Montgomery and Delaware Counties, as well as Pennsylvania and New Jersey.

Free Consultation 215.665.1695