Disorderly Conduct in Texas

Disorderly conduct charges in Texas can significantly impact your life, potentially resulting in fines, jail time, and a permanent criminal record.

If you’re facing such allegations, understanding the laws, your rights, and available defense strategies is crucial. If you’d like to speak to a Criminal Defense Lawyer now, call us @ (972) 445-9909

What Is Disorderly Conduct Under Texas Law?

According to Texas Penal Code § 42.01, disorderly conduct covers a range of behaviors considered disruptive to public peace. You can be charged with disorderly conduct if you intentionally or knowingly:

• Use abusive language in public that could cause an immediate breach of peace, such as racial slurs or profanity
• Make offensive gestures in public that might provoke a violent reaction
• Create unreasonable odors in public places using chemicals
• Abuse or threaten someone in a public place
• Make excessive noise in public or near a private residence you have no right to occupy
• Fight with another person in a public place
• Discharge a firearm in a public place (except at a shooting range)
• Display a weapon to alarm others
• Fire a gun across a public road
• Expose yourself recklessly in public
• Look into someone’s private dwelling for lewd purposes
• Peek into hotel rooms or private areas like restrooms or changing rooms

💡 Did you know? Under Texas law, noise is considered “unreasonable” if it exceeds 85 decibels after you’ve been warned by law enforcement to lower the volume.

Common Scenarios Leading to Disorderly Conduct Charges

Disorderly conduct charges can arise from various situations, many of which may seem like everyday occurrences until law enforcement becomes involved:

• Public Events and Gatherings: Sporting events, concerts, and festivals where crowds and alcohol may lead to confrontations
• Neighborhood Disputes: Arguments between neighbors that escalate and disturb others
• Nightlife Incidents: Situations outside bars, clubs, or restaurants that draw police attention
• Political Protests: Demonstrations where participants are accused of crossing the line between protected speech and disruptive behavior
• Traffic Altercations: Road rage incidents that spill over into public confrontations
• Campus Activities: College parties or events that generate noise complaints or other disturbances

Many people are surprised to learn that actions they considered minor or justified can result in criminal charges. Understanding what constitutes disorderly conduct can help you avoid inadvertently breaking the law.

Penalties for Disorderly Conduct in Texas

The consequences of a disorderly conduct conviction vary based on the specific offense:

Beyond the Immediate Penalties

Even a Class C misdemeanor conviction can have far-reaching consequences that extend beyond fines or jail time:

Employment Impacts

Many employers conduct background checks and may be reluctant to hire individuals with criminal convictions, even for misdemeanors.

Certain professions with licensing requirements (teaching, nursing, etc.) may be particularly affected by disorderly conduct convictions.

Housing Challenges

Landlords often perform background checks and may reject applicants with criminal histories. This can limit your housing options significantly.

Educational Consequences

Students may face disciplinary action from their schools or universities.

Additionally, certain disorderly conduct convictions could affect eligibility for financial aid or admission to academic programs.

Professional Licensing

If you work in a field requiring professional licensing or certification (law, medicine, nursing, etc.), a disorderly conduct conviction could trigger a review by your licensing board and potentially impact your ability to practice.

Immigration Consequences

For non-citizens, even minor criminal convictions can sometimes affect immigration status, potentially leading to deportation proceedings or barriers to naturalization.

Similar Offenses in Texas

Disorderly conduct is just one of several related offenses in Chapter 42 of the Texas Penal Code. Depending on the circumstances, you might face charges for:

• Riot (§ 42.02) – When seven or more people create danger through their conduct
• Harassment (§ 42.07) – Actions intended to harm, annoy, or embarrass another person
• False 911 calls (§ 42.061) – Making non-emergency calls to 911 that are silent or abusive
• False alarm or report (§ 42.06) – Communicating false reports about bombings or other emergencies
• Funeral service disruption (§ 42.055) – Picketing a funeral within certain time frames
• Meeting disruption (§ 42.05) – Preventing or disrupting lawful gatherings
• Highway obstruction (§ 42.03) – Blocking public passageways
• Stalking (§ 42.072) – Engaging in conduct directed at a specific person that causes fear

Our Experience With Disorderly Conduct Cases

At the Law Offices of Richard C. McConathy, we have extensive experience defending clients against disorderly conduct charges across Texas.

Our firm has successfully handled thousands of criminal cases since 2002, with many resulting in dismissals, charge reductions, or not guilty verdicts.

We approach each disorderly conduct case with the same tenacity and attention to detail that has earned us our reputation for effective criminal defense.

Our team thoroughly investigates the circumstances of your case, challenges improper evidence collection, and identifies constitutional violations that may have occurred during your arrest.

While each case is unique and results depend on specific circumstances, our track record demonstrates our commitment to achieving the best possible outcomes for our clients.

Your Defense Options: A Deeper Look

Remember that an arrest for disorderly conduct doesn’t have to result in a conviction. The prosecutor must prove every element of the offense beyond a reasonable doubt – a high standard to meet. Let’s examine potential defense strategies in more detail:

1. Constitutional Protections

Many disorderly conduct charges involve speech or expression that may be protected under the First Amendment.

The U.S. Supreme Court has consistently recognized that offensive or controversial speech is often constitutionally protected. For example, in Cohen v. California (1971), the Court ruled that wearing a jacket with offensive language in a courthouse was protected speech.

In Texas specifically, courts have recognized that for language to constitute disorderly conduct, it must rise to the level of “fighting words” – words that would likely provoke a violent response from the average person. Mere profanity or offensive language typically isn’t enough.

2. Lack of Intent

Texas law requires that disorderly conduct be committed “intentionally” or “knowingly.”

This means the prosecution must prove you were aware of and deliberately engaged in the conduct.

If your actions were accidental, misunderstood, or you lacked awareness that they would disturb the peace, this could form a viable defense.

3. No Actual Public Disturbance

For many types of disorderly conduct charges, the prosecution must demonstrate that your actions actually caused or were likely to cause a disturbance.

If witnesses can testify that no one was actually alarmed or disturbed by your behavior, this undermines the state’s case.

4. Mistaken Identity

In crowded public places where disorderly conduct often occurs, witnesses and even police officers may misidentify the person responsible.

Particularly at night, in chaotic situations, or when alcohol is involved, mistaken identity is a common occurrence.

5. Insufficient Evidence

The police often make disorderly conduct arrests based on limited evidence and observation. Your attorney can challenge the quality and quantity of evidence by:

• Identifying inconsistencies in police reports
• Questioning witness credibility
• Highlighting gaps in the evidence collection process
• Arguing that the officer’s observations were limited or compromised

6. Proper Public Purpose

Some actions that might otherwise qualify as disorderly conduct may be legally permitted if they serve a proper public purpose. For example, noise that exceeds typical limitations might be acceptable during a permitted public event or demonstration.

The Legal Process for Disorderly Conduct Cases in Texas

Understanding the legal process can help alleviate some of the anxiety associated with facing criminal charges. Here’s what you can typically expect:

1. Arrest and Booking

The process often begins with an arrest at the scene of the alleged incident. Officers may issue a citation or take you into custody, depending on the severity of the situation. You’ll be booked at the local jail, which involves fingerprinting, photographs, and personal information collection.

2. Initial Appearance/Arraignment

Within 24-48 hours of arrest, you’ll appear before a judge who will:

• Inform you of the charges
• Advise you of your rights
• Set bail (if applicable)
• Determine if you qualify for a court-appointed attorney

3. Pre-Trial Phase

This critical period involves:

• Evidence discovery (reviewing police reports, witness statements, etc.)
• Filing motions to suppress evidence or dismiss charges
• Negotiating potential plea agreements
• Investigating the circumstances of your case

4. Trial

If your case goes to trial, it may be heard by either a judge or jury. The prosecution must prove beyond a reasonable doubt that you committed every element of the offense.

5. Sentencing or Dismissal

If convicted, sentencing follows. If acquitted or if charges are dismissed, the case is concluded.

Why You Need an Experienced Texas Criminal Defense Attorney

Disorderly conduct may seem like a minor offense, but a conviction can have lasting consequences on your record. An experienced criminal defense attorney will:

• Evaluate all evidence against you and identify constitutional violations
• Negotiate skillfully with prosecutors for charge reduction or dismissal
• Develop strategic defense approaches based on the specifics of your case
• Protect your rights throughout police questioning and court proceedings
• Present compelling arguments to judges and juries if your case goes to trial
• Navigate complex procedural requirements and filing deadlines
• Provide guidance and support during a stressful and confusing time

Contact Our Texas Criminal Defense Lawyers To Protect Your Future 

If you’re facing disorderly conduct charges in Texas, time is critical. The sooner you secure legal representation, the better your chances of achieving a favorable outcome.

Call us for a case review @ (972) 445-9909

The Law Offices of Richard C. McConathy has protected the futures of men, women, and youths charged with misdemeanors, felonies, and DWI in Texas since 2002. Our team understands the prosecution’s techniques and will leverage all available defenses to fight for the best outcome in your case.

Don’t let a disorderly conduct charge derail your life. Contact us today at (972) 528-0116 for a consultation about your case.

Frequently Asked Questions About Disorderly Conduct in Texas

Can I get a disorderly conduct charge expunged from my record?

Yes, in many cases. If your disorderly conduct charge was dismissed, you completed deferred adjudication, or you were acquitted, you may qualify for expungement. Even if you were convicted, you might be eligible for record sealing (non-disclosure) after a certain waiting period, depending on your prior criminal history.

Can I be arrested for disorderly conduct on private property?

Generally, disorderly conduct laws apply to public places or private property where you have no right to be. However, if your actions on private property are visible or audible to the public (such as loud noise from a house party), you could still face charges.

Is public intoxication the same as disorderly conduct?

No. Public intoxication (appearing in a public place while intoxicated to the degree that you might endanger yourself or others) is a separate offense under Texas law. However, the two charges often occur together when intoxicated individuals engage in disruptive behavior.

Do I need an attorney for a Class C misdemeanor disorderly conduct charge?

While you’re not required to have an attorney for a Class C misdemeanor, it’s highly advisable. Even this “minor” charge creates a criminal record that can affect your future. An experienced attorney can often negotiate for dismissal or reduced charges, potentially saving you from having a criminal record at all.

What should I do if I’m charged with disorderly conduct?

1. Remain calm and polite with law enforcement
2. Exercise your right to remain silent
3. Do not resist arrest, even if you believe the charge is unfair
4. Contact an attorney as soon as possible
5. Preserve any evidence including witnesses’ contact information
6. Follow all court instructions regarding appearances and bail conditions

About the Author

Richard C. McConathy is a Texas criminal defense attorney with over 20 years of experience defending clients against misdemeanor and felony charges throughout Texas. A graduate of Texas Wesleyan University School of Law, Richard has built a reputation for aggressive defense strategies and dedicated client advocacy in thousands of cases.