We Can Help You Avoid A Disorderly Conduct (Penal Code § 42.01) Conviction.
In Texas, the crime of “Disorderly Conduct” is often used by law enforcement when they do not have enough evidence to arrest you for a more serious crime like terroristic threat or assault.
Disorderly conduct is defined as a crime that is often associated with obscene, and abusive language or considered indecent.
This is a criminal offense in San Antonio, which will stay on your record forever if you are found guilty (convicted). If you are charged with this crime, you need to hire a local San Antonio Criminal defense attorney that understands the law, the local judicial system, and how to keep this off your record.
Here is everything you need to know about disorderly conduct in San Antonio.
Categories of Disorderly Conduct
Speech, Gestures, Expressoin (1st Amendment)
- Abusive Language: Inciting a physical reaction verbally (fighting words).
- Offensive Gestures: Intending to provoke a fight with obscene gestures like the finger.
- Noxious Odors: The use of chemicals or compounds to create an offensive smell in public.
Physical & Noise Disturbance
- Fighting in Public: Fighting or engaging in a scuffle while in public.
- Unreasonable Noise: Yelling, shouting, playing loud music in excess of 85 decibels in residential areas.
- Public Exposure: Exposing the genitals or anus in public while not caring who may be offended.
Firearms & Weapons
- Discharge of a Firearm: When you shoot your firearm in public it is a (Class B Misdemeanor).
- Displaying a Weapon: Displaying or brandishing a deadly weapon in a manner that would alarm the public and those around you.
Privacy & Voyeurism (Peeping Tom Laws)
- It is illegal to enter property in order to look into a window, public restroom or changing area for a lewd or illegal purpose.
Disorderly Conduct Penalties
This crime is not a felony, but a misdemeanor in San Antonio, but the severity will vary between the following classifications:
- Class C Misdemeanor (Language, Noise, Fighting):
- Fines up to $500.
- no jail time,
- permanent criminal record if found guilty
- Class B Misdemeanor (Firearm/Weapon Display):
- Fine of up to $2,000
- Up to 180 days in county jail.
- permanent criminal record if found guilty
What Happens If You Are Found Guilty: This is where the term called convict came from. If you are found guilty, you will have a conviction, which will show up on your permanent record, which makes it hard to get housing, education, professional licensing, obtaining security clearance, and obtaining teaching positions in the State of Texas.
How We Win Cases
Our law firm will analyze all evidence, witnesses, police reports, and video. This includes police procedures and everything else that happened during and after your arrest. Our primary focus is to build a robust defense strategy with a goal of avoiding a conviction!
We know what it takes to negotiate for dismissal or immediate Expunction in San Antonio & Bexar County. This is because we know the court system. More importantly, the prosecutors and judges know Christopher Castro will not take the first plea deal offered.
Here are a few ways that we can build a defense for your disorderly conduct charge:
- Constitutional Defense: We can argue that your speech or gestures are protected by the First Amendment.
- Lack of Intent: We can prove you did not knowingly or intentionally cause a disturbance.
- Self-Defense: If the charge cover fighting, we can prove you were protecting yourself or your property.
- The “Public Place” Requirement: If the crime happened in a truly private setting, the Texas Disorderly Conduct statute may not apply.
Your Next Step Is Expunction
A dismissal is only half the battle. If your case is dismissed, the arrest will still show up on a background check. We specialize in Expunctions, a legal process where the arrest is permanently removed from your record, allowing you to move forward with your life.
