Disorderly conduct can take several different forms, but all of them result in a criminal charge that comes with the potential for some serious consequences. In Wisconsin, what constitutes "disorderly" is open to some interpretation, and arresting officers are given considerable leeway when determining whether an action is truly disorderly. As a result, you can end up having a lot of questions about the charges you're facing. Below, find answers to some of the more frequently asked questions lawyers receive on this subject.

Answers to Common Disorderly Conduct Questions

What does "disorderly" mean?

In Wisconsin, the law applies the term to any person who, "in a public or private place, engages in violent, abusive, indecent, profane, boisterous, unreasonably loud or otherwise disorderly conduct under circumstances in which the conduct tends to cause or provoke a disturbance."

This definition covers a wide range of behavior, but, in general, any action that causes a disturbance can result in the offender being charged with disorderly conduct.

What are some examples of disorderly conduct?

One of the most common is an unlawful assembly; this is a disruptive gathering of three or more people, in which the threat of property damage is deemed a reasonable concern. Public intoxication can sometimes result in a disorderly conduct charge.

An argument between a couple, if it disturbs neighbors or if one of the people involved feels physically or mentally threatened, can get one or both participants arrested for disorderly conduct.

Is disorderly conduct a felony?

No. Disorderly conduct is most often a Class B misdemeanor, accompanied by a fine of up to $1,000, up to 90 days in jail, or both. If the disorderly conduct is for unlawful assembly, the charge is a Class A misdemeanor, and the penalties are higher: a fine of up to $10,000, up to nine months in jail, or both.

Can carrying a gun get you charged with disorderly conduct?

No. Wisconsin law expressly forbids disorderly conduct charges for carrying a firearm, whether loaded or unloaded and whether concealed or open-carried. However, if you threaten someone with the gun or state an intention to commit a crime with it, then you can be brought up on other charges; always consult a lawyer in this situation.

If you've been charged with disorderly conduct, contact a lawyer and make it a priority to attend the court date on your citation. A lawyer will help you make sense of the law and design a legal strategy that gets you the needed results. The team at Osborne, Tripp & Schmidt is here to help. They represent clients throughout the Coulee Region, the Driftless Area, and Western Wisconsin. From criminal law cases to personal injuries, they will fight for your rights. Call (608) 269-2400 or visit them online to schedule a consultation.