A disorderly conduct charge in Wisconsin can be a serious matter, even for a first offense. Understanding the specifics of the charge, potential penalties, and available defenses is crucial. This guide provides a comprehensive overview for anyone facing this situation in Wisconsin.
What Constitutes Disorderly Conduct in Wisconsin?
Wisconsin Statute 947.01 defines disorderly conduct broadly. It covers a range of actions that disrupt public order or endanger public safety. Key elements often include:
- Intentionally, knowingly, or recklessly: The act must not be accidental. You must have intended to perform the action, knew it would likely happen, or acted recklessly without regard for the consequences.
- Engaging in violent, abusive, indecent, profane, boisterous, unreasonably loud, or otherwise disorderly conduct: This is the core of the charge. The specific actions will vary greatly from case to case. Examples include fighting, threatening behavior, disturbing the peace with loud noises, obscene gestures, or public intoxication.
- In a public place or in the presence of another: The act must occur in a place where others are present or could be reasonably expected to be present.
What are the Penalties for a First-Time Disorderly Conduct Charge in Wisconsin?
The penalties for disorderly conduct in Wisconsin vary depending on the specific circumstances and the classification of the offense. A first offense is typically classified as a Class B misdemeanor, but could be elevated depending on the severity of the actions and any aggravating factors. Potential penalties can include:
- Fines: These can range from several hundred dollars to over a thousand.
- Jail Time: While unlikely for a first offense, jail time is a possibility, especially if the disorderly conduct involved violence or other serious aggravating factors.
- Court Costs: You will likely be responsible for court fees and other associated costs.
- Probation: The judge may impose probation, requiring you to adhere to specific conditions for a set period.
- Community Service: As part of sentencing, community service may be required.
- Criminal Record: A conviction will appear on your criminal record, potentially affecting future employment, housing, or other opportunities.
What if my disorderly conduct involved alcohol or drugs?
If your disorderly conduct involved alcohol or drugs, the penalties could be significantly more severe. The court might order alcohol or drug assessment and treatment as part of your sentence. Additionally, a refusal to participate in these programs could lead to increased penalties.
Can a disorderly conduct charge be expunged in Wisconsin?
In some cases, a disorderly conduct charge can be expunged from your record after a certain period of time and if you meet specific requirements. It is essential to consult with an attorney to determine your eligibility for expungement.
What are the defenses to a disorderly conduct charge in Wisconsin?
Several defenses may be available to someone charged with disorderly conduct. These depend on the specific facts of the case. Examples include:
- Lack of Intent: You may argue that you did not intend to engage in disorderly conduct, that your actions were unintentional, or that you did not know your actions were disorderly.
- Self-Defense: If you acted in self-defense or the defense of another, this could be a valid defense.
- Mistake of Fact: If you genuinely believed your actions were lawful, this could be a defense.
- Entrapment: If law enforcement encouraged or induced you to commit the disorderly conduct, this is a potential defense.
How Can I Protect Myself if I'm Facing a Disorderly Conduct Charge?
Facing a disorderly conduct charge can be overwhelming. Taking the following steps is crucial:
- Remain Silent: Do not speak to law enforcement without an attorney present. Anything you say can and will be used against you.
- Contact an Attorney: A qualified Wisconsin criminal defense attorney can advise you on your rights and help you build a strong defense.
- Gather Evidence: Collect any evidence that might support your defense, such as witness statements, photos, or videos.
Disclaimer: This information is for educational purposes only and does not constitute legal advice. If you are facing a disorderly conduct charge in Wisconsin, it is crucial to consult with a qualified attorney to discuss your specific situation and legal options.
