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Easter & DeVore – Knoxville Disorderly Conduct Lawyers

Disorderly Conduct Attorney in Knoxville, TN

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Disorderly conduct is broadly defined as an offense in Tennessee law. It is often used as a catch-all charge when the police perceive behavior as disruptive or uncooperative. A conviction for this offense typically carries serious long-term consequences, such as jail time, fines, and a criminal record. The vagueness of the statute can lead to its use in situations where there is no real threat or harm. This can include punishing protected speech, emotional reactions, or mere annoyance.

At Easter & DeVore, our legal team protects individuals in Knoxville who face disorderly conduct charges. We work to challenge any flimsy evidence and ensure that the state properly considers the facts of each case.

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    What Is Disorderly Conduct in Tennessee?

    Under Tennessee Code § 39-17-305, disorderly conduct involves intentionally or knowingly engaging in conduct that causes public inconvenience, annoyance, or alarm. It can also apply to behavior that recklessly risks such outcomes. This statute is often used by law enforcement when someone is perceived as being disruptive, especially in public places.

    Examples of disorderly conduct can include:

    • Fighting or physically threatening others in public
    • Making unreasonable noise in a public setting
    • Refusing to obey lawful orders to disperse in dangerous situations
    • Obstructing traffic or public passageways
    • Creating hazardous conditions without a legitimate purpose

    The language of the statute, which includes terms such as “public nuisance”, “disorderly” and “unlawful disturbance” is deliberately imprecise and gives law enforcement excessive discretion. This often leads to charges being brought against people for non-violent and non-threatening behaviors, such as arguing loudly, using profanity, or refusing to comply with an officer’s request, or simply being in a chaotic situation.

    Charges often arise in emotionally charged situations, such as bars, concerts, protests, sporting events, domestic disputes, and encounters with the police, where words or behavior, rather than actions, can be criminalized. This excessive use of power directly conflicts with First Amendment protections, blurring the line between protected speech, assembly, and illegal disruption.

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    Penalties for Disorderly Conduct

    Disorderly conduct is typically charged as a Class C misdemeanor with potential penalties of up to 30 days in jail, a maximum fine of $50, and court fees. However, focusing solely on these statutory maximums can dangerously underestimate the true consequences of a conviction.

    Penalties for a conviction may include:

    • Permanent Criminal Record: This conviction will appear on all routine background checks, creating a permanent public record of an alleged disruptive or violent behavior.
    • Employment Challenges: Countless employers, especially in education, healthcare, government, security, and corporate sectors, refuse to hire applicants or terminate employees based on a criminal record. A misdemeanor conviction can be used as evidence of poor judgment or instability.
    • Housing Uncertainty: Landlords and property management companies often deny rental applications when a misdemeanor conviction is revealed.
    • Professional Licensing Challenges: Applications for licenses in fields such as nursing, law, real estate, and cosmetology often require disclosure of misdemeanor convictions. This can lead to rejection, suspension, or expensive administrative hearings.
    • Immigration Issues: For non-citizens, disorderly conduct convictions, especially if they are considered a “crime of moral turpitude” or involve domestic violence, may trigger deportation proceedings or prevent eligibility for legal status.
    • Family Court Complications: In child custody or visitation cases, an opposing party might use a disorderly conduct conviction to argue that the person has a temperamental or violent nature. This could impact a judge’s decision.
    • Increased Penalties: If the alleged conduct occurred in certain locations, such as near a school, or if it targeted someone based on their protected characteristics, enhanced penalties may be imposed.

    While the jail time and fines may seem relatively minor, the real consequences can last much longer. A misdemeanor conviction can appear on background checks and impact employment, housing, and educational opportunities. It may also complicate any ongoing or future family law matters, such as custody or visitation disputes.

    Possible Defenses to a Disorderly Conduct Charge

    The broad scope of disorderly conduct laws is its greatest weakness in court. At Easter & DeVore, we provide aggressive, constitutionally-based defenses tailored to your specific situation.

    Potential defenses against disorderly conduct charges include:

    • First Amendment Protection: We argue that your actions constitute protected speech, peaceful protest, or artistic expression. The government cannot criminalize mere offense or annoyance; it must prove a true threat, incitement to violence, or other narrowly defined categories of unprotected speech.
    • Absence of Criminal Intent: The statute requires intent to cause public alarm or reckless disregard. We demonstrate that your actions were accidental, reflexive, or lacked the required conscious disregard for public order.
    • Absence of Public Disturbance: We challenge whether the alleged conduct really risked or caused public inconvenience or alarm. An argument overheard by others or conduct in an almost empty area may not meet the legal standard.
    • Lawful Order to Disperse: For charges under subsection (2), we review whether a lawful order was given, whether there was a true emergency justifying it, and whether you had a reasonable opportunity to comply.
    • False or Exaggerated Accusations: In heated situations, police officers or complainants may misinterpret events. We collect evidence, interview witnesses, and obtain video (body camera, dash camera, surveillance) footage to contradict the official account.
    • Discriminatory or Retaliatory Enforcement: We examine whether the charges were applied in a way that discriminates against you or is a form of retaliation for exercising your rights, such as recording police activity or criticizing a police officer.

    Our strategic goal is to achieve dismissal, or at least reduction to a non-criminal offense. For eligible first-time offenders, we actively pursue pretrial diversion programs, which can lead to dismissal and expungement of the record after a probation period. We also consider alternative resolutions such as community service or anger management counseling when appropriate, prioritizing avoidance of a criminal conviction wherever possible.

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    Why You Cannot Afford to Plead Guilty

    The temptation to simply plead guilty to “make it go away” is a catastrophic error. A guilty plea is a lifetime conviction. It irrevocably waives your constitutional rights and triggers all the collateral damages described above. Having an experienced attorney from Easter & DeVore ensures your side of the story is heard, your rights are enforced, and the prosecution is held to its heavy burden of proof.

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    Contact Easter & DeVore Today

    If you have been charged with disorderly conduct in Knoxville or East Tennessee, it is essential to seek immediate professional legal assistance. Do not speak to investigators without a lawyer present. Do not admit guilt without fully understanding the long-term consequences. Contact Easter & DeVore today for confidential and immediate consultation. Our team will provide an honest assessment of your situation, explain all available legal options, and develop a defense strategy to protect your freedom, reputation, and future. Your rights and reputation are worth fighting for.

    Common Disorderly Conduct FAQ

    What kind of behavior is considered disorderly conduct?

    The law is broad, covering conduct that causes “public inconvenience, annoyance, or alarm.” This can include fighting, making unreasonable noise, refusing lawful orders to disperse, obstructing traffic, or creating hazardous conditions. It is often applied in chaotic situations, making the specific context of your actions crucial to the defense.

    Can I be charged for yelling or using offensive language?

    Potentially, yes, but this area intersects with First Amendment rights. You generally cannot be charged for speech alone unless it constitutes “fighting words” intended to incite immediate violence, is obscene, or is likely to provoke an imminent violent reaction. We often challenge whether the speech crossed this legal threshold.

    Is a disorderly conduct conviction a big deal if it’s just a misdemeanor?

    Yes. While a Class C misdemeanor, a conviction creates a permanent criminal record. This can be discovered in background checks for employment, housing, and professional licensing. It can also negatively impact child custody cases. The long-term reputational harm often outweighs the short-term penalty.

    What does “public” mean in a disorderly conduct charge?

    The disturbance must occur in a place accessible to the public or where a substantial group can witness it—like a street, park, store, or even a semi-private apartment building hallway. A key defense can be arguing the incident was truly private and not within the statute’s scope.

    Can I be charged for refusing to leave if asked by police?

    If an officer issues a lawful order to disperse from a situation they reasonably believe poses a danger to public safety, refusing can lead to a charge. A defense may challenge whether the order was lawful or whether the situation truly warranted it, as police discretion is not unlimited.

    What are common defenses against this charge?

    Defenses include arguing your conduct was protected speech, that you lacked intent to cause alarm, that the incident was not truly public, that you were falsely accused in a chaotic scene, or that the police violated your rights during the encounter. Each case hinges on its specific facts.

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