Kentucky Criminal Defense Attorney

Disorderly Conduct

The legal code in Kentucky can be difficult to understand for those who have never researched the code before. Someone who is facing these charges may not have a lot of knowledge about what Kentucky law defines as disorderly conduct and what the penalty for that charge could be. If you are facing these charges, it is extremely important that you educate yourself so that you can be prepared for your trial. Preparation can help reduce the anxiety of going to court and help you understand your situation in context.

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Disorderly conduct is divided into two different categories. The first category is disorderly conduct in the first degree. According to Kentucky law, someone is considered to be guilty of disorderly conduct in the first degree if they are in a public place and intentionally cause a public inconvenience, annoyance, or alarm. If a person is involved in fighting, violent, or threatening behavior, they can be charged with disorderly conduct. If they are making unreasonable noise, such as extremely loud music from a car stereo or house party, or they create a hazardous or physically offensive condition by any act that serves no legitimate purpose. Kentucky penal code also states that if you commit any of the above actions during a funeral, burial, funeral procession, memorial service, or a building where a funeral or memorial service is being held, you can be charged with disorderly conduct in the first degree. Disorderly conduct in the first degree is a Class A misdemeanor.

Disorderly conduct in the second degree is similar to disorderly conduct in the first degree. The major difference is there is no section of the code that deals with disorderly conduct during a funeral or memorial service. Disorderly conduct in the second degree is a Class B misdemeanor.

A Class A misdemeanor according to Kentucky penal code comes with a possible sentence of a year in county jail. A Class B Misdemeanor is usually a sentence of no more than 90 days or 3 months in county jail. For someone who is convicted of disorderly conduct in the second degree who is a first time offender, the Judge over your case may decide to let you serve your sentence on probation or community service. Probation is monitored by a probation officer whom you are held accountable to. You will be required to meet certain criteria and conditions in order to stay on probation. You might also be able to serve your sentence out by volunteering for a community labor program for a specific period of time. You will have to pay various court costs and possible fines along with your other penalties.

One of the best ways to prepare for your court case is to hire an attorney. Your attorney can provide you with counsel and build a strategy that could help you avoid a disorderly conduct conviction.

One of the strategies that your attorney could use is to say that all of the conditions prescribed by law to charge you with disorderly conduct were not met, such as questioning whether the incident actually happened in public.

Your attorney may decide to go for a plea agreement of some type. The usual outcome of such a deal is that in exchange for a guilty plea you do no jail time, but instead attend anger management courses or something along those lines. This will help you avoid spending any time in jail, and the classes can offer you tips to help you avoid getting yourself into a heated altercation in public that could result in a future disorderly conduct charge by Kentucky police.