Disorderly Conduct Criminal Defense AttorneyIf you've been charged with Disorderly Conduct in Columbus, Ohio, Delaware County, or elsewhere in the Central Ohio area, you should hire a criminal defense attorney as soon as possible. The best time to hire a criminal defense attorney is before your arraignment. If you have been charged with Disorderly Conduct in Central Ohio, then it is possible that you were charged under either the Columbus Municipal Code or the Ohio Revised Code, which provide for slightly different versions of what kind of conduct constitutes "disorderly conduct."
Columbus City Code section 2317.11 - Disorderly ConductThe Columbus City Code provides for a mandatory prison term of at least 10 days if the disorderly conduct occurs on or near a school or city owned property. Otherwise, the Columbus Municipal Code section 2317.11 provides as follows:
(A) No person shall recklessly cause inconvenience, annoyance, or alarm to another, by doing any of the following:
(1) Engaging in fighting, in threatening harm to persons or property, or in violent or turbulent behavior;
(2) Making unreasonable noise or offensively coarse utterance, gesture, or display, or communicating unwarranted and grossly abusive language to any person;
(3) Insulting, taunting, or challenging another, under circumstances in which such conduct is likely to provoke a violent response;
(4) Hindering or preventing the movement of persons on a public street, road highway, or right-of-way, or to, from, within, or upon public or private property, so as to interfere with the rights of others, and by any act which serves no lawful and reasonable purpose of the offender;
(5) Creating a condition which is physically offensive to persons or which presents a risk of physical harm to persons or property, by any act which serves no lawful and reasonable purpose of the offender.
(B) No person, while voluntarily intoxicated shall do either of the following:
(1) In a public place or in the presence of two (2) or more persons, engage in conduct likely to be offensive or to cause inconvenience, annoyance, or alarm to persons of ordinary sensibilities, which conduct the offender, if he were not intoxicated, should know is likely to have such effect on others;
(2) Engage in conduct or create a condition which presents a risk of physical harm to himself or another, or to the property of another.
(C) Violation of any statute or ordinance of which an element is operating a motor vehicle, locomotive, watercraft, aircraft, or other vehicle while under the influence of alcohol or any drug of abuse, is not a violation of subsection (B) of this section.
(D) When to an ordinary observer, a person appears to be intoxicated, it is probable cause to believe such person is voluntarily intoxicated for purposes of subsection (B) of this section.
(E) Whoever violates division (A) or (B) of this section is guilty of disorderly conduct, a misdemeanor of the fourth degree.
(F) If the offense under division (A)(1), (3), or (5) occurred on city owned property, in a school building, on school premises, or within one thousand (1,000) feet of the boundaries of school premises, then the court shall impose a mandatory term of imprisonment of at least ten (10) days which shall not be suspended, shall be a period of consecutive imprisonment, and during which mandatory minimum term of imprisonment the defendant shall not be eligible for probation, house arrest, or work release.
Ohio Revised Code section 2917.11 - Disorderly Conduct
The Ohio Revised Code statutory definition of the criminal offense of Disorderly Conduct is nearly identical to the Columbus City Code definition, except for the possible penalties. Under the Ohio Revised Code, disorderly conduct is a minor misdemeanor unless the circumstances below exist:
(1) Whoever violates this section is guilty of disorderly conduct.
(2) Except as otherwise provided in division (E)(3) of this section, disorderly conduct is a minor misdemeanor.
(3) Disorderly conduct is a misdemeanor of the fourth degree if any of the following applies:
(a) The offender persists in disorderly conduct after reasonable warning or request to desist.
(b) The offense is committed in the vicinity of a school or in a school safety zone.
(c) The offense is committed in the presence of any law enforcement officer, firefighter, rescuer, medical person, emergency medical services person, or other authorized person who is engaged in the person's duties at the scene of a fire, accident, disaster, riot, or emergency of any kind.
(d) The offense is committed in the presence of any emergency facility person who is engaged in the person's duties in an emergency facility.