Van Severen Law Office, S.C. regularly represents defendants facing disorderly conduct charges. Call us for help: (414) 270-0202
The disorderly conduct statute in Wisconsin covers a wide variety of lower-level illegal conduct. Actions that are violent, abusive, indecent, profane, boisterous, unreasonably loud, or otherwise disorderly all qualify. Those actions must tend to cause or provoke a disturbance in any private or public place. Considering the broadness of this statute, police officers rely on disorderly conduct charges when they’re not sure what else applies, or if they’re trying to load up a criminal defendant with as many charges as possible.
Importantly, simply carrying a firearm is not disorderly conduct. Loading, carrying, or going armed with a firearm is not illegal (at least under this statute), and it doesn’t matter whether the firearm was loaded, open-carried, or carried as a concealed weapon. But carrying a weapon certainly doesn’t protect you from criminal charges. If you get into a loud argument and shout profanities, it’s possible you’ll still face charges for disorderly conduct. If you point your firearm at someone else, you’ll likely face charges for something like intentionally pointing a firearm at another.
At Van Severen Law Office, S.C., we’ve defended hundreds of individuals facing disorderly conduct and other misdemeanor criminal offenses. We’ve won many of these cases and achieved results our clients are happy with. If you’re facing any kind of misdemeanor or felony charge anywhere in Wisconsin, contact us to see how we can help. We’re available 24/7 at (414) 270-0202.
Let’s break down the law – Section 947.01 of the Wisconsin Statutes
To best understand the Wisconsin law prohibiting disorderly conduct, let’s start with its actual language, provided in section 947.01 of the Wisconsin Statutes:
947.01. Disorderly conduct.
(1) Whoever, 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 is guilty of a Class B misdemeanor.
The open-ended nature of the statute allows police and prosecutors to use it liberally. What happens when police show up at a fight and it’s simply a lot of shouting and pushing? Misdemeanor battery charges could apply. But at the very least, they’ll likely consider charging someone (or everyone) with disorderly conduct. Someone is walking down the street, shouting and swearing loudly? Disorderly conduct. Cops aren’t quite sure what to do but want to charge someone? You guessed it. DC.
Law enforcement personnel will sometimes use the threat of arrest for disorderly conduct to take control of a situation. Sometimes this is a cheap tactic, but considering it could lead to a criminal record that will stick with you for the rest of your life, it’s best to simply comply and shut up. Don’t try to argue with a brute. Hire a smart criminal defense attorney to handle that for you.
What’s the punishment for disorderly conduct in Wisconsin?
Disorderly conduct is a Class B misdemeanor. A Class B misdemeanor carries with it a potential sentence of 90 days in jail, a fine of $1,000.00, or both. Some serious criminal charges in Wisconsin carry mandatory minimum penalties, but that doesn’t apply here. Jail is not required, and a sentence resulting in either probation or a simple fine is a possible result.
But the biggest penalty that applies in these situations is the impact a criminal conviction will have on your record. Wisconsin does not have functions for mandatory expunction of criminal charges after a certain amount of years. So even if you wait 25 years, you’ll still have to check “yes” when asked on job applications, college applications, and apartment applications that you’ve been convicted of a crime. A $1,000.00 dollar fine is something you can overcome. Even 90 days is something you can overcome. But a conviction remains with you forever. Take this charge seriously.
Considering all this, we think it makes sense to hire the best criminal defense attorney you can find, not the cheapest one.
Disorderly conduct is a crime in Wisconsin. Certainly contact our top criminal defense attorneys to begin fighting your case. (414) 270-0202.
Disorderly conduct and domestic violence situations
Domestic violence is not a crime on its own in Wisconsin. Instead, it’s a modifier. It is added to another criminal charge, such as disorderly conduct or battery.
1) intentional infliction of physical pain, injury, or illness;
2) intentional impairment of physical condition;
3) sexual assault; or
4) a physical act that may cause the victim to reasonably fear imminent engagement of the conduct described in the first 3 situations.
A crime is not “domestic violence” unless one of these definitions apply. If one does not, the criminal charge proceeds as normal and is not modified.
Our criminal defense attorneys have encountered district attorneys who do not understand how domestic violence laws work. Often they see that a disorderly conduct occurred, see that the parties involved were married, and immediately charge domestic violence. But it’s not that simple.
This knowledge is extremely important for individuals who value their rights as citizens of the United States. A domestic violence conviction results in a lifetime ban on your right to possess firearms. This applies on top of the potential 90 days in jail and $1,000.00 in fines.
Our criminal defense attorneys have won cases for clients facing these charges.
Some criminal defense attorneys think that winning a disorderly conduct case is impossible. The broadly worded nature of the law might cause some people to believe that. But we disagree. We’ve won disorderly conduct cases for our clients. While sometimes this takes hard work, creative lawyering, and time, we’re dedicated to winning cases for our clients throughout Wisconsin.
At Van Severen Law Office, S.C., our criminal defense attorneys dedicate 100% of their practice to criminal defense and drunk driving defense. We don’t handle other areas of law, such as divorce or estate planning, because that doesn’t help defendants in your position. Contact us at (414) 270-0202 to speak with any of our criminal defense attorneys about your charges. First calls and initial consultations are free.
