In Charlotte, disorderly conduct encompasses a wide range of criminal acts. They range from disturbances of the peace to violent conduct such as fighting. These charges can be scary if you are arrested. The first thing you should know if you are being arrested for disorderly conduct is not to resist arrest. If you do, you can face even more charges. Furthermore, exercise your right to remain silent. Do not say anything and contact a criminal defense attorney. Having an experienced Charlotte disorderly conduct lawyer by your side can mean the difference between a hefty and fair sentence.
Disorderly conduct charges are typically Class 2 misdemeanor charges. However, if you are convicted, you may:
Furthermore, you will have a misdemeanor on your record. Prior convictions can also affect sentencing. If you have been charged with your first disorderly conduct charge, or if this is the most recent in a line of multiple run-ins with the law, hiring a private disorderly conduct attorney can positively affect the outcome of your case.
The Law Office of Kevin L. Barnett is dedicated to defending the rights, freedoms, and futures of North Carolina residents. We can bring more than three decades of dedicated experience and highly rated, award-winning legal counsel to your case. We are committed to forming optimal defense strategies for our clients and representing them well from arrest to trial completion. As a native of Charlotte, our attorney understands the local courts as well as our fellow residents.
In North Carolina, disorderly conduct brings grave consequences. Some of the acts it covers are listed below.
The first conviction of a disorderly conduct charge is a Class 2 misdemeanor with a sentence of up to 60 days jail time and/or fines of up to $1,000. A second offense of disorderly conduct yields a potentially worse outcome. Defendants facing criminal charges for their second disorderly conduct arrest, if found guilty, will incur a Class I felony charge. They could be required to serve from 3–12 months in prison. A third offense is a Class H felony, which warrants up to 25 months in prison.
If you are facing a second or third charge for disorderly conduct, a reputable Charlotte disorderly conduct lawyer may be able to assist you in getting a better outcome from your trial.
If you have been charged with disorderly conduct in North Carolina, it is important to consider the benefits of hiring a disorderly conduct attorney to represent you. The consequences of not doing so can be dire. A public defender will not be able to devote the necessary time to your case to significantly affect the outcome. While these are good attorneys, they are stressed and lack the time to properly approach their caseloads.
Hiring a disorderly conduct attorney in North Carolina can provide you with the legal knowledge, guidance, and representation that you need. This can allow you to protect your rights and achieve an ideal outcome in your case. There are many reasons why you should have private legal representation. An experienced attorney can be critical to supporting your case if you have been charged with disorderly conduct:
Getting disorderly conduct charges dropped in North Carolina may be possible. However, it depends on the circumstances of your case. To get disorderly conduct charges dropped in North Carolina, you should work with an experienced disorderly conduct attorney. They can assess your case and determine the right course of action for your circumstances. Here are some steps you can take to increase your chances of having the charges dropped:
Disorderly conduct charges are often included with other charges. When combined, the potential penalties can be formidable. Oftentimes, a professional private criminal defense attorney can diminish some charges and get some, if not all, dropped. This is why it is so important to speak with a qualified, Charlotte-based attorney regarding your disorderly conduct case. There are certain charges that are often paired with disorderly conduct charges. These are usually applied at the time of arrest or soon thereafter.
Failing to disperse is a charge that oftentimes accompanies disorderly conduct charges. This often occurs when people exercise their rights to protest in Charlotte. These charges apply when the protesters fail to leave the place of public protest within a reasonable amount of time. Instead, they remain at the scene of the assembly after being told by law enforcement to leave.
For these charges to be relevant, at least three people must be assembled. This applies to riots as well as protests. A failure to disperse charge is also associated with an assemblage or congregation that poses a safety risk to people or property. Like a disorderly conduct charge, this is a Class 2 misdemeanor with the same potential sentence as disorderly conduct.
Public intoxication charges are one of the most common charges that accompany disorderly conduct charges in Charlotte. It is illegal in North Carolina to be drunk and disruptive in public. These situations can include:
This is a Class 3 misdemeanor with a penalty of up to 10 days in jail and/or a fine of up to $200.
It is illegal in Charlotte to use indecent language or profanity on any public road or highway. To be charged with this offense, this language must be within earshot of at least two people while driving, riding, or walking. This charge is also a Class 3 misdemeanor. It carries a penalty of up to 10 days in jail and/or up to $200 in fines.
State law makes it illegal for someone to intentionally photograph another person without their consent. This includes any photographs taken either through or underneath their clothing to see someone’s underwear or body, as well as “up-skirt” photos. A conviction for this offense warrants a Class 1 misdemeanor. This is punishable by up to 45 days of jail time and/or fines set at the court’s discretion.
An indecent exposure charge is a Class 2 misdemeanor. It is punishable by jail time of up to 30 days and/or a fine of up to $1,000. This charge constitutes someone exposing themselves in a public place. This could be a park, on public transportation, in a store, or in any other public realm.
In Charlotte, someone can be charged with stalking if, on more than one occasion, they:
This conviction is a Class A1 misdemeanor. It warrants a sentence of up to 60 days in jail and/or fines set at the court’s discretion. Repeat offenders receive increased penalties.
Getting an expungement in Charlotte is easier than ever, thanks to the 2017 expungement law. This allows for misdemeanor convictions to be eligible for expungement after five years instead of the previous 15. Felony convictions, which were previously expungable after 15 years as well, can now be expunged after 10 years. Furthermore, there is no cap on the number of expungements an individual can get.
These convictions are eliminated from background reports and other publicly accessible sources. However, they will still be visible to law enforcement. To apply for an expungement, simply petition the county courthouse where you were charged. To do this, you must fill out the form that applies to your situation. This will be based on your case outcome, charges, and age, as well as other things that can affect the approval of your case. The conditions under which you must qualify for expungement include the following:
You can apply for expungement without a lawyer, but it is not recommended. This process is complicated and drawn out. Filling out the right form properly is hard enough. If there is an error in your paperwork, you will only delay the process, which will already take anywhere from nine months to one year. Having an attorney can speed up the process in most cases.
It is important to note that misdemeanor charges that are dropped or result in a not-guilty verdict are automatically eligible for dismissal. These include disorderly conduct charges. This is another reason to hire a private disorderly conduct attorney if you are facing such charges. They can potentially improve the outcome of your case in ways that you could not do on your own. Many different factors lead to a not-guilty verdict. Only an attorney experienced in disorderly conduct cases can recognize all these factors.
The state of North Carolina passed the “Second Chance Law” in 2020. Through this law, even a prior felony does not preclude the expungement of dismissed or not guilty charges.
In Charlotte, disorderly conduct charges may be eligible for dismissal. Some possible ways to get disorderly conduct charges dismissed in North Carolina include:
It is important to note that the specific circumstances of your case will determine whether your disorderly conduct charges can be dismissed. It is always a good idea to consult with a criminal defense attorney. They can advise you on the next steps to take based on your situation.
If you have been charged with disorderly conduct, your verdict and/or sentencing can only get worse without a private attorney. Talk to The Law Office of Kevin L. Barnett to get an idea of what charges you could be facing. Once we hear your side of the story, we can advise you on the best route to take for your case. Whether it be a non-guilty plea, a guilty plea, or another taking another route, we can give you the possible outcomes for each of your options. Do not go to court alone. Contact The Law Office of Kevin L. Barnett today before you go to court.