Union County Criminal Defense Lawyer Anthony N. Palumbo
In Union County, New Jersey, Disorderly Conduct is a petty disorderly person’s offense that results when a person purposely disrupts public peace by using offensive language or engaging in improper conduct. If a person receives a charge or criminal complaint for Disorderly Conduct in New Jersey, the prosecution must prove different elements depending on whether the person has violated the law by engaging in improper conduct or by using offensive language. This article attempts to break down the meaning of the elements set forth in the statute under both offensive language and improper conduct. While the language may seem straightforward, the New Jersey court has delineated finer definitions of certain words within the statutory language. A Union County Disorderly Conduct lawyer will also be able to explain the meaning behind the words used in the statute.
Under N.J.S.A. 2C:33-2, in order to commit Disorderly Conduct through improper conduct, a person must: (1) act with the purpose to cause public inconvenience, annoyance or alarm, or recklessly create a risk thereof a person; and (2) engages in fighting or threatening, or in violent or tumultuous behavior; or (3) creates a hazardous or physically dangerous condition by any act which serves no legitimate purpose of the actor. N.J.S.A. 2C:33-2. New Jersey courts have delineated specific requirements for some of the language used in the statute. For example, in order to meet the definition of the word ‘threatening,’ a person must use both words and physical threats together. Additionally, the word ‘tumultuous’ has been defined to describe behavior that is unruly and violent, and creates agitation and pandemonium in a group of people. See e.g., State v. Stampone, 341 N.J. Super. 247, 255 (App. Div. 2001). Thus, behavior must meet a certain threshold of annoyance before becoming criminal, and someone who is merely noisy and quarrelsome may not be charged under the statute.
Under N.J.S.A. 2C:33-2, in order to commit Disorderly Conduct by using offensive language a person must: (1) act in a public place; and (2) with the purpose to offend the feelings of a hearer; or (3) in reckless disregard of the probability of so doing; and (4) addresses unreasonably loud and offensively coarse or abusive language, given the circumstances of the person present and the setting of the utterance, to any person present. N.J.S.A. 2C:33-2. While this law may seem contrary to First Amendment Rights to free speech, it is not. Under the First Amendment, certain language is more protected than other types, and if language is deemed to incite an immediate threat of danger, the government may regulate it without violating constitutional rights. In order for a person to be charged under this statute without violating constitutional rights, the offensive language must have been said in a public forum, it must be provocative of an immediate breach of peace, and the breach must be likely to actually occur. If a person’s conduct has not met these requirements, an experienced attorney may be able to defend a Disorderly Conduct charge on grounds that the charge violates an individual’s first amendment right to free speech.
For more information on Disorderly Conduct in Union County, visit my website Anthony N. Palumbo, New Jersey Criminal Defense Lawyer at www.palumbo-renaud.com.
Anthony N. Palumbo of the law firm Palumbo & Renaud an aggressive Criminal Defense Attorney in New Jersey with over thirty-five (35) years of experience defending clients accused of a crime. He is a former county prosecutor, municipal court prosecutor, current public defender and has his own private practice. He knows what to expect from judges, prosecutors and the police to successfully defend his clients against their charges. He have a reputation of consistent favorable results and outcomes for clients built on his skill and knowledge of both sides of the law. Contact him today toll free at 1-866-664-8118 for a free consultation. He will be happy to help you and answer your questions.
