Disorderly Conduct: A Criminal Offense
I represented a client in Keansburg Municipal Court this morning. I saw many individuals charged with "Disorderly Conduct". A wide range of circumstances can lead to a disorderly conduct charge: a fight, an argument, or some other improper behavior or offensive language. Most defendants do not realize the seriousness of these charges. This is a "2C" criminal offense which leads to a permanent record if you are found guilty or plead guilty. The statute governing disorderly conduct in New Jersey is N.J.S.A. 2C: 33-2. The defendant also faces up to six (6) months in prison as a result of this petty disorderly persons offense.
I was also amazed and slightly disappointed that individuals were willing to plead guilty to the disorderly conduct charge without speaking to a lawyer or, at the very least, speaking with the prosecutor to discuss a potential plea agreement. These disorderly conduct charges can often be amended down to a municipal or borough ordinance. This means that the defendant pleads guilty to a local ordinance rather than the "2C" criminal offense and avoids a permanent criminal charge on his or her record. The municipal ordinance results in a fine and the case is resolved. This can have a significant impact on a defendant's life as they avoid a permanent criminal record which is very important when looking for jobs, etc. Therefore, if you are charged with disorderly conduct in New Jersey, speak to a lawyer or at the very minimum meet with the prosecutor on your court date to determine if a plea agreement can be reached amending the criminal charge to a municipal ordinance.
