Lakeland Disorderly Conduct Defense Lawyer - Criminal Law
Experienced Disorderly Conduct Defense attorney providing Criminal Law Legal Services in Bartow, Lakeland, Winter Haven, Auburndale, Haines City, Polk County, and the greater Central Florida area.
Call 863-354-0508 today to schedule a Free Consultation with disorderly conduct defense lawyer, Robert A. Norgard.
An arrest for disorderly conduct or disorderly intoxication in Central Florida is often downplayed as a minor offense, but treating it lightly is a critical mistake. While generally classified as misdemeanors, a conviction results in a permanent criminal record, prospective employers viewing you as a public disruption, and potential jail time. Because these charges are highly subjective and frequently based entirely on a police officer's emotional response to a situation, securing experienced legal counsel immediately is vital to protecting your future.
At the Law Office of Robert A. Norgard, located in Bartow, Florida, we provide aggressive, sophisticated criminal defense representation. Serving clients in Bartow, Lakeland, Winter Haven, Auburndale, Haines City, Polk County, and the greater Central Florida area, our legal team brings an invaluable perspective to your defense.
Florida Bar Board-Certified Criminal Trial Specialist
A Strategic Courtroom Advantage: Our firm features the combined trial insight of Attorney Robert A. Norgard, a Florida Bar Board-Certified Criminal Trial Specialist with over 40 years of experience.
We understand how the state builds public order cases, where law enforcement routinely oversteps constitutional boundaries, and how to successfully expose the weaknesses in the prosecution's evidence.
About Disorderly Conduct Crimes in Florida
The State of Florida penalizes actions that disturb the public peace under two distinct sections of the Florida Statutes. Because the language in these statutes is broad, law enforcement officers frequently use them as a "catch-all" to make arrests during arguments, protests, or chaotic social gatherings where no actual crime occurred.
Disorderly Conduct / Breach of the Peace (F.S. § 877.03)
Under Florida Statute § 877.03, a person commits the offense of Disorderly Conduct if they engage in acts that are of a nature to corrupt the public morals, outrage the sense of public decency, affect the peace and quiet of persons who may witness them, or engage in brawling or fighting.
- The First Amendment Exception: It is well-established under Florida constitutional law that mere loud, rude, profane, or offensive speech is protected under the First Amendment. Verbal pushback against law enforcement or yelling in public does not legally constitute disorderly conduct unless it rises to the level of "fighting words" or a true physical threat to public order.
- Classification: Second-Degree Misdemeanor.
- Potential Conviction Penalties: Up to 60 days in a local county jail, up to 6 months of probation, and a $500 fine.
Disorderly Intoxication (F.S. § 856.011)
Under Florida Statute § 856.011, the state defines Disorderly Intoxication under two specific scenarios: when a person is intoxicated and endangers the safety of another person or property, OR when a person is intoxicated (or drinking alcohol) in a public place or on a public conveyance and causes a public disturbance.
- The Legal Standard: To convict you, the state cannot simply prove that you were drunk in public. They must conclusively prove that your intoxication directly resulted in an actual, tangible safety hazard or a legitimate public disturbance.
- Classification: Second-Degree Misdemeanor.
- Potential Conviction Penalties: Up to 60 days in a local county jail, up to 6 months of probation, and a $500 fine.
The Prosecution
To secure a conviction for a public order offense in a Florida courtroom, the State Attorney’s Office must prove beyond a reasonable doubt that your behavior met the strict statutory definitions. The prosecution must show that:
- Your actions created a genuine, physical threat to public order, safety, or decency—not that your behavior was merely annoying, rude, or offensive to onlookers.
- The conduct in question was entirely separate from a legally protected exercise of free speech.
- For disorderly intoxication charges, that you were legally intoxicated and simultaneously causing a disturbance or endangering public safety.
Because these elements are highly dependent on the subjective perception of the responding police officer, the state's evidence frequently falls short of the legal standard required for a conviction.
Defense of Disorderly Conduct Charges
Our legal team aggressively targets public order allegations through several strategic defense avenues:
- Protecting First Amendment Speech: We rigorously challenge charges based primarily on what you said rather than what you did. If your actions consisted of loud arguments or offensive language, we fight to have the charges dismissed on constitutional grounds.
- Contesting the "Public Disturbance" Element: We scrutinize witness statements and bodycam footage to establish whether your conduct actually breached the peace of the community, or if it was simply an isolated, minor incident that did not rise to the level of a criminal offense.
- Asserting Self-Defense in Brawling Cases: If the disorderly conduct charge stems from a physical altercation or brawling, we can introduce defenses under Florida’s Stand Your Ground laws (F.S. § 776.012) to prove you were merely defending yourself or others from imminent harm.
- Pursuing Complete Dismissal or Diversion: For clients with minimal or no prior criminal record, we leverage the evidentiary weaknesses of these subjective charges to negotiate for entry into Pretrial Diversion Programs (PTD). Successfully completing a diversion program forces the state to completely dismiss all charges, ensuring your background check remains clean and preserving your eligibility for a future record expungement.
Do not allow a subjective misdemeanor arrest to permanently impact your employment, housing opportunities, or reputation. Put a veteran criminal defense team, featuring a Florida Bar Board-Certified Specialist and a former prosecutor, in your corner to fight for your rights.
Contact the Law Office of Robert A. Norgard today to schedule your free, completely confidential legal consultation. We are ready to analyze your case at our Bartow law office or discuss your defense options over the phone.
Call 863-354-0508 today to schedule your Free Consultation with Lakeland disorderly conduct defense attorney, Robert A. Norgard.