Practice Area
Disorderly conduct and public intoxication charges may seem minor, but a conviction creates a permanent criminal record. D.J. Rivera defends clients against these charges and works to keep their records clean.
Free Consultation — Available 24/7Virginia Code § 18.2-415 makes it a Class 1 misdemeanor to engage in conduct that tends to breach the peace in a public place. The statute covers fighting, using abusive language likely to provoke violence, and making unreasonable noise. Critically, the statute requires that the conduct tend to breach the peace — mere offensive or annoying behavior is not sufficient. The First Amendment protects a significant range of speech and expression, even in public, and D.J. Rivera challenges disorderly conduct charges that are based on protected speech.
Public intoxication (§ 18.2-388) is a separate Class 4 misdemeanor that covers being drunk in public in a manner that endangers oneself or others or causes a public disturbance. A conviction for public intoxication does not carry jail time, but it does create a criminal record.
| Offense | Code | Classification | Penalty |
|---|---|---|---|
| Disorderly Conduct | § 18.2-415 | Class 1 Misdemeanor | Up to 12 months / $2,500 fine |
| Disorderly Conduct at School | § 18.2-415 | Class 1 Misdemeanor | Up to 12 months / $2,500 fine |
| Public Intoxication | § 18.2-388 | Class 4 Misdemeanor | Up to $250 fine |
| Profane Swearing in Public | § 18.2-388 | Class 4 Misdemeanor | Up to $250 fine |
| Obstruction of Justice | § 18.2-460 | Class 1 Misdemeanor / Class 5 Felony | Up to 12 months / up to 10 years |
| Resisting Arrest | § 18.2-479.1 | Class 1 Misdemeanor | Up to 12 months / $2,500 fine |
First Amendment protection: The Virginia disorderly conduct statute must be applied consistent with the First Amendment. Speech that is merely offensive, annoying, or provocative is protected — only "fighting words" that are likely to provoke an immediate violent response can be criminalized. D.J. Rivera challenges disorderly conduct charges based on protected speech.
Challenging the "public place" element: Disorderly conduct requires that the conduct occur in a public place. D.J. Rivera challenges whether the location of the alleged conduct qualifies as a public place under the statute.
Deferred disposition: For first-time offenders, D.J. Rivera negotiates for a deferred disposition or a reduction to a non-criminal infraction, protecting the client's record from a permanent conviction.
Even a misdemeanor conviction creates a permanent record. D.J. Rivera will fight to keep your record clean. Free consultation available 24/7.
Get Your Free Consultation