On June 27th, Matt Barnes, a forward for the reigning NBA champions Golden State Warriors, pled guilty to disorderly conduct. This happened after Barnes was involved in a physical altercation outside of a bar in New York City in early December. Elsewhere, on June 23rd, Roscoe Landis from Duncannon, Pennsylvania was cited with public drunkenness and disorderly conduct after getting in a verbal argument with pizzeria owners and subsequently urinating on the shop’s deck. While alcohol and loudness in public can easily go hand in hand, there are many other incidents which could result in being charged with disorderly conduct.
Disorderly Conduct Defined
A person commits the crime of disorderly conduct in the second degree when they are accused of conveying intent to cause public inconvenience, annoyance, or alarm, or of recklessly creating a risk. Disorderly conduct can be charged if someone is believed to have intentionally caused public confusion and anxiety. Such things as causing physical or verbal fights, making an inordinate amount of noise, and calling the police about false claims (such as child abuse, fires, or other emergencies) are all examples of various conduct not allowed by the law. The crimes are codified in ORS 166.023 (First Degree, a felony) and ORS 166.025 (Second Degree, a misdemeanor).
Examples of Disorderly Conduct
There are a few different ways disorderly conduct in Oregon could be conveyed. Items such as making an unreasonable amount of noise, disturbing lawful assemblies without lawful authority, or obstructing vehicle or pedestrian traffic in a public place are all different ways to be charged with disorderly conduct in the second degree. Additionally, if a person engages in a physical fight or in violent behavior, the offense becomes a Class B misdemeanor.
While disorderly conduct in the second degree is quite broad, there is also potential to be charged with disorderly conduct in the first degree. This is far more serious. If the prosecution has proof someone has acted on the intent of creating public inconvenience, discontent, or alarm, the person in question could be charged with disorderly conduct in the first degree. If there is reason to believe someone began a false report (such as a bomb threat or crime report) in order to aggravate or alarm the public, this could also result in a charge of disorderly conduct in the first degree.
Disorderly Conduct Charges in Oregon
These are not violations or like “speeding tickets.” These crimes are rather serious. One is a Class A misdemeanor, and the other is a Class C felony. If you have been charged with disorderly conduct, call a criminal defense attorney immediately. There may be defenses available to a criminal charge of disorderly conduct, or proof problems that the government will have with their case. Be sure to have an experienced attorney to ensure the best outcome.