Southaven, MS Disorderly Conduct Attorneys

Under Mississippi code §97-35-7 and related statutes, it is unlawful for a person to engage in conduct that disturbs the peace or creates a public disturbance in Mississippi. A misdemeanor charge for disorderly conduct can include such actions as using profane language in public, creating loud disturbances, or refusing to comply with a police officer's lawful order to disperse. A more serious disorderly conduct charge may involve interfering with business operations, obstructing public ways, or engaging in conduct that threatens public safety.

Unfortunately, far too often, police officers may use the charge of disorderly conduct for virtually any type of behavior which annoys the officer. In fact, basically any type of conduct that an officer deems disruptive or inappropriate can result in a charge of disorderly conduct. Officers are given fairly wide discretion in these charges, and, in some cases, a person who was merely exercising their right to free speech or acting in a manner that was not actually disruptive could be charged with disorderly conduct.

In general, being loud in public, using colorful language, or expressing disagreement with authority is not always enough to warrant Southaven, MS disorderly conduct charges. If you have been charged with disorderly conduct in Southaven, MS, it is important that you have an aggressive attorney from Stroud, Flechas & Dalton by your side to defend your charges.

What Must Be Proven in Southaven, MS Disorderly Conduct Charges?

The prosecutor must prove beyond a reasonable doubt the following elements in order to uphold a Southaven, MS disorderly conduct charge:

You deliberately engaged in disruptive conduct or disturbed the peace. Even if you did not intend to cause a disturbance, if you deliberately or intentionally acted in a manner which disrupted public order or peace, the prosecutor may be able to prove the case against you.

Your conduct actually disturbed others or had the tendency to disturb the peace. As an example, perhaps you used loud, profane language in a public place where families were present, or you blocked access to a business establishment.

Your conduct occurred in a public place or in a manner that affected the public. The disturbance must have occurred in a location where the public had access or where your conduct could reasonably affect others' enjoyment of public spaces.

You failed to comply with a lawful police order to cease the disruptive behavior. If a police officer ordered you to stop the disruptive conduct or to move along, and you refused to comply, this can strengthen the prosecution's case.

Common Types of Disorderly Conduct in Southaven, MS

Mississippi law recognizes several specific types of conduct that can result in disorderly conduct charges:

Disturbing the Peace

• Using loud, profane, or offensive language in public
• Creating excessive noise that disturbs others
• Engaging in fighting or threatening behavior
• Public intoxication combined with disruptive behavior

Failure to Comply with Police Orders

• Refusing a police officer's order to move along
• Refusing to disperse from a gathering when ordered
• Failing to comply with crowd control measures
• Refusing to move your vehicle when instructed

Interference with Business Operations

• Blocking access to stores, restaurants, or other businesses
• Disrupting normal business operations through protests or demonstrations
• Refusing to leave private property when asked by owners or police

Public Disturbances

• Obstructing sidewalks, streets, or other public ways
• Disrupting religious services or public meetings
• Interfering with funeral or memorial services
• Creating disturbances at public events

Defenses to Southaven, MS Disorderly Conduct Charges

There are a number of defenses your Southaven, MS criminal defense attorney may use on your behalf. While your defense will be specifically tailored to the circumstances surrounding your charges, some of the more common defenses to disorderly conduct charges include:

First Amendment Protection

You have the right to free speech and peaceful assembly under the First Amendment. If your conduct involved protected speech or peaceful protest, your attorney may be able to argue that your constitutional rights were violated. Political speech, religious expression, and peaceful demonstrations are generally protected activities.

Lack of Intent to Disturb

If you did not intend to cause a disturbance and your conduct was not objectively disruptive, this may serve as a defense. The prosecution must prove that you deliberately engaged in conduct likely to disturb the peace.

Falsely Accused of Disorderly Conduct

If you did nothing more than exercise your legal rights or engage in lawful behavior, and the disorderly conduct charges were filed in retaliation or based on a misunderstanding, this may be your defense. If there were witnesses who can attest that your conduct was not actually disruptive, your attorney may be able to have the charges dropped completely.

Unlawful Police Order

If the police officer's order was unlawful or violated your constitutional rights, you may have had the right to refuse compliance. For example, if an officer ordered you to stop engaging in protected speech or lawful assembly, the order itself may have been improper.

Vague or Overbroad Application

Disorderly conduct laws must be applied in a way that gives fair notice of what conduct is prohibited. If the charges against you are based on conduct that is too vaguely defined or if the law is being applied too broadly, your attorney may challenge the charges on constitutional grounds.

Penalties for Disorderly Conduct in Southaven, MS

The penalties for disorderly conduct in Mississippi vary depending on the specific nature of the offense:

Basic Disorderly Conduct (Misdemeanor)

• Up to 6 months in county jail
• Fines up to $500
• Court costs and fees
• Possible community service

Aggravated Circumstances

If your disorderly conduct involved additional factors such as:

• Interference with emergency services
• Disruption of official proceedings
• Conduct that led to injury or property damage

The penalties may be enhanced and could include longer jail sentences and higher fines.

Repeat Offenses

Multiple disorderly conduct convictions can result in progressively harsher penalties and may affect your ability to avoid jail time through alternative sentencing options.

Long-Term Consequences of a Disorderly Conduct Conviction

Even though disorderly conduct is typically a misdemeanor, a conviction can have lasting effects:

• Employment Issues: Many employers conduct background checks and may be reluctant to hire someone with a criminal record
• Professional Licenses: Some professional licenses may be affected by criminal convictions
• Housing: Landlords may deny rental applications based on criminal history
• Education: Some educational programs and scholarships may be unavailable to those with criminal records
• Immigration: Non-citizens may face deportation or other immigration consequences

Stroud, Flechas & Dalton Can Help Defend Your Southaven, MS Disorderly Conduct Charges

Despite the fact that disorderly conduct is typically a misdemeanor offense in the state of Mississippi, you could face a fine as large as $500 and up to six months in county jail (or both), if convicted of the offense. The attorneys at Stroud, Flechas & Dalton have defended many people who have been charged with disorderly conduct. We understand the laws which govern those charges, and will work hard, on your behalf, to minimize the potential consequences.

We understand that you may have done nothing more than exercise your constitutional rights or engage in behavior that was not actually disruptive, and that the disorderly conduct charges against you could be uncalled for. Many disorderly conduct charges stem from misunderstandings, officer frustration, or situations where citizens were simply in the wrong place at the wrong time.

Our experienced Southaven criminal defense attorneys will:

• Thoroughly investigate the circumstances of your arrest
• Review all available evidence, including witness statements and video footage
• Examine whether your constitutional rights were violated
• Negotiate with prosecutors for reduced charges or dismissal
• Provide aggressive courtroom representation when necessary

For a solid defense and an attorney who will protect your rights from start to finish, call Stroud, Flechas & Dalton at (662) 371-6580.

Why Choose Stroud, Flechas & Dalton for Your Disorderly Conduct Defense?

• Local Experience: We know the Southaven courts, prosecutors, and local legal landscape
• Proven Track Record: Successfully defending clients against disorderly conduct charges since 2003
• Constitutional Knowledge: We understand your First Amendment and other constitutional rights
• Personalized Attention: Each case receives individual attention and a tailored defense strategy
• No-Nonsense Approach: We focus on results and protecting your future

Don't let a disorderly conduct charge define your future. Contact us today for experienced legal representation in Southaven, Mississippi.