Disorderly Conduct charge is probably the most abused charged by the Atlanta Police Department on the books. And yet people are charged with this all the time. It seems to be used by APD officers when they are simply upset at the conduct of a person. It’s a catchall because most of the time the person charged hasn’t actually broken any law.
Disorderly Conduct is committed when a person:
(1) Acts in a violent or tumultuous manner toward another person whereby such person is placed in reasonable fear of the safety of such person’s life, limb, or health;
(2) Acts in a violent or tumultuous manner toward another person whereby the property of such person is placed in danger of being damaged or destroyed;
(3) Without provocation, uses to or of another person in such other person’s presence, opprobrious or abusive words which by their very utterance tend to incite to an immediate breach of the peace, that is to say, words which as a matter of common knowledge and under ordinary circumstances will, when used to or of another person in such other person’s presence, naturally tend to provoke violent resentment, that is, words commonly called “fighting words”; or
(4) Without provocation, uses obscene and vulgar or profane language in the presence of or by telephone to a person under the age of 14 years which threatens an immediate breach of the peace.
What are the Penalties?
Disorderly Conduct is a misdemeanor offense in Atlanta and is punishable by a maximum of 12 months in jail and a fine up to $1,000. The sentencing judge has the discretion, though, to sentence you to a period of probation instead of any jail time, as well as some combination of a fine, community service, or an alcohol awareness class.
Last year when protesters were on Peachtree St protesting against Police Violence, there were 21 arrest’s for Disorderly Conduct. If you have been arrested on a Atlanta Disorderly Conduct Charge, contact the Howard Law Group. Don’t let this charge become a part of your permanent record.