Whether a Disorderly Conduct charge is handled as a misdemeanor or a felony largely depends on the circumstances surrounding the incident. If the crime involves the handling, display or discharge of a gun, it will be charged as a Class 6 Felony.
A misdemeanor charge of Disorderly Conduct usually involves a person just being loud or disruptive. It is sometimes termed as “seriously disruptive behavior.” These types of charges are not as serious and do not involve as harsh of a penalty as a felony charge. Typically, the range of punishment for a Class 1 misdemeanor is anywhere from zero days in jail up to 6 months in jail. It can also involve a fine of up to $2500.00 and up to 3 years of probation.
As soon as a deadly weapon such as a gun is involved in a disorderly conduct incident, the charges can increase to a felony in which case the punishment is more severe.
Even a first offense Dangerous Felony can include a mandatory 1.5-year prison term and can be as high as 3 years. If it is the 2nd or 3rd time someone has been charged with a dangerous felony, the minimum sentences increase to 3 years and 4.5 years respectively.
This is why it is extremely important to contact an attorney as soon as possible when you’re facing a Disorderly Conduct charge. You’ll want to have someone on your side to sort out the facts, talk to others who were involved and use their experience working in the system to help you avoid additional charges.
Typically, once it has been determined that a deadly weapon was involved at the time of the incident, additional charges such as “Allegation of Dangerousness” and “Aggravated Assault” can also be added.
Contact Criminal Defense Attorney Charlie Naegle to help you navigate through your Disorderly Conduct charges. He’ll conduct the proper investigation and research to help you avoid additional charges and reduce your punishment.