Defining Disorderly Conduct
Disorderly conduct, what is it? Considered one of the least severe crimes under Nevada criminal code, disorderly conduct, or disturbing the peace as it’s commonly known, is defined under Nevada Revised Statutes as:
- Maliciously and willfully disturbing the peace or quiet of any neighborhood or person or family
- Making loud or unusual noises
- Tumultuous and offensive conduct
- Challenging to fight or fighting
- Assembling to disturb the peace, or committing any unlawful act
- Failure to disperse at the command of a judge, justice of the peace, sheriff, coroner, constable, or other public officer
- Provoking or attempting to provoke another person to breach the peace
- Two or more persons who agree to fight in public to the terror of the citizens
- Two or more persons assembling to commit an unlawful act
- Disturbing a meeting
- Using profanity or offensive or indecent language on a public transport
- Using force to enter and detain lands or other possessions that are owned by someone else
- Assembling a body or people as a military company with arms without consent of the governor
- Advocating by spoken or printed word that government should be overthrown by force
- Advocating by spoken or printed word that crime, sabotage, or violence be used to accomplish industrial or political reform
- Committing an act in a government building or any component of the Nevada System of Higher Education that interferes with the peaceful conduct of activities in the building or on the grounds
It is considered a misdemeanor under Nevada law.
Additionally, municipalities in Nevada can pass their own ordinances in this regard. Clark County code defines it as: participating in a fight, challenging another person to fight, committing a breach of the peace, inciting a disturbance, or interfering with, annoying, accosting or harassing any other person in a way that incites a disturbance.
Regardless of its definition, this offense can be applied to a variety of situations and police officers can use a great deal of discretion in its application. You can be arrested on this charge, or in most cases, you will be cited. Whether you are arrested or receive a citation to appear in court to answer a disorderly conduct charge, it is a criminal act. The charge will appear on your record in background checks, which can interfere with obtaining employment, professional licenses and credit.
What are the penalties?
As a misdemeanor, the penalties are up to 6 months in jail, and/or $1,000 fine.
How can I defend against it?
If you have been charged with Disorderly Conduct, you need the skills of a licensed attorney to defend against it. The Defenders is experienced and has been successful in defending many clients in Disorderly Conduct charges. Call us today to discuss your case at (702) 333-3333.