Facing disorderly conduct or public intoxication charges can be an overwhelming experience, particularly if you’re uncertain about your legal rights and potential defenses. In Indiana, these criminal charges carry significant penalties and societal stigma, making it crucial to understand the law and how to navigate the legal terrain effectively.
This blog post aims to provide Indiana residents with a comprehensive roadmap to defend against disorderly conduct charges. We’ll cover everything from what constitutes disorderly conduct and public intoxication under Indiana law, to the potential legal defenses available and the importance of seeking skilled legal representation. So, let’s dive in!
What is Disorderly Conduct and Public Intoxication?
Before we discuss how to defend against these charges, it’s essential to understand what they entail. According to Indiana Code 35-45-1-3, disorderly conduct is defined as “intentionally making unreasonable noise and continuing to do so after being asked to stop.” This can include shouting, screaming, or engaging in other disruptive behaviors in a public place. On the other hand, public intoxication is defined as being under the influence of drugs or alcohol and posing a threat to oneself or others in a public place.
Most Common Types of Disorderly Conducts in Indiana:
Fighting or Engaging in Violent Behavior
Under Indiana law, it is illegal to fight or engage in any type of violent behavior in public. This includes physical altercations between two or more people as well as the use of weapons such as guns and knives. Any person who engages in fighting, intimidation, or violent behavior can be charged with disorderly conduct and may face fines and/or jail time if convicted.
Disturbing the Peace
It is also illegal to disturb the peace in Indiana. This includes activities such as shouting, playing loud music, and otherwise creating loud noises that can be heard by other people in the area. Additionally, it is against the law to make any type of statement that could be considered offensive or insulting towards another person or group of people.
Obstructing a Public Place
It is also illegal to obstruct a public place in Indiana. This includes activities such as blocking entrances and exits to buildings, preventing people from entering certain areas, and otherwise making it difficult for people to move around freely in public places. Additionally, it is against the law to interfere with emergency personnel while they are performing their duties.
Refusing to Leave When Asked
Finally, it is illegal to refuse to leave an area when asked by police officers or other authorized individuals. This includes refusing to leave private property when asked by the owner or refusing to leave a business establishment after being asked by store staff members or security personnel. Refusing to leave when asked can result in charges of disorderly conduct and potential fines and/or jail time if convicted.
Potential Legal Defenses for Disorderly Conduct Charges
If you are facing disorderly conduct or public intoxication charges, know that there are potential legal defenses that can be used to fight against them. These may include:
► Lack of intent: Remember, disorderly conduct charges require intentional behavior. If you did not intend to cause a disturbance or were unaware of your actions due to intoxication, this could be an effective defense.
► False accusations: In some cases, individuals may be wrongfully accused of disorderly conduct or public intoxication. Your attorney can help investigate and gather evidence to prove your innocence.
► Unreasonable noise: If the “noise” in question was not unreasonable, you may have a valid defense. For example, if you were singing along to music at a reasonable volume, this would not constitute disorderly conduct.
The Importance of Legal Representation
When facing criminal charges, it is crucial to seek the help of an experienced criminal defense attorney in Indianapolis. They will have a thorough understanding of Indiana’s disorderly conduct and public intoxication laws and can use their knowledge and skills to build a strong defense on your behalf. Additionally, having legal representation can significantly improve your chances of achieving a favorable outcome, such as reduced charges or dismissal.
Final Thoughts
Being charged with disorderly conduct or public intoxication in Indiana can have severe consequences, including fines and even potential jail time. However, understanding the law and having a skilled defense attorney on your side can help you navigate the legal process and potentially achieve a positive outcome. We hope this roadmap has provided useful information for Indiana residents facing these charges and emphasized the importance of seeking legal representation.
If you or your loved one has been charged with this crime or any other, get in touch with us immediately. Contact Attorney David E. Lewis at 317-636-7514 to speak with a seasoned criminal defense lawyer in Indianapolis, Indiana. Our law firm will get you the best possible outcome to your criminal case!
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