Disturbing the Peace Encompasses Specific Behaviors
Disorderly conduct is also called disturbing the peace. According to disorderly conduct laws, those who behave in a way that is considered bothersome or destructive to others can face criminal charges. There are a specific set of behaviors that are prohibited under disorderly conduct laws, and you could be arrested and face fines, a criminal record and jail time if you engage in these actions.
In some cases, whether you actually violated the law and behaved in a disorderly manner is questionable, as an evaluation of behavior can be subjective. You can defend yourself in many different ways from a disorderly conduct charge or you may be able to negotiate a plea bargain or enter into a diversion program to avoid a criminal conviction.
The New Orleans criminal defense law firm of Bloom Legal can help you understand the potential consequences of your disorderly conduct charges and represent you during your legal proceedings to help you achieve a positive outcome.
New Orleans Laws on Disorderly Conduct
You can be charged with disorderly conduct or disturbing the peace for a number of behaviors including:
- Calling someone offensive or derisive names in a public place
- Public drunkenness
- Behaving in a violent or tumultuous way with three or more other people
- Holding an unlawful assembly
- Interrupting a lawful gathering of people
- Interrupting or disrupting a funeral proceeding
- Engaging in actions or behavior that is likely to alarm or disturb the public
When convicted of engaging in disorderly conduct, you can face fines of $100 or more and up to 90 days of incarceration for a first offense. Subsequent convictions can result in more serious penalties.
You need to respond to the charges and take a strategic approach to protecting yourself from a criminal record and harsh consequences. An experienced lawyer at the New Orleans criminal defense law firm of Bloom Legal will evaluate the circumstances of your case and help you decide whether to enter a diversion program, plead guilty or defend yourself in court.
About Lewd Conduct
Section 106 of the Louisiana criminal law code defines certain acts as ‘obscene’, thereby assigning criminal penalties to those acts. These criminally obscene acts include:
- Display of genitals, pubic hair, or other private area in a public place with the intent of arousing sexual desire or in any way that is considered offensive
- Participating in or managing a public performance of “hard core sexual conduct” that would be defined by contemporary standards as offensive
- Manufacture, publication, distribution, etc., of obscene material for sale, presentation, display, or other uses
- Requiring a person to accept obscene material as a condition to a sale, allocation, or delivery of some good or service, or threatening to impose a penalty on someone for not accepting the obscene material
- Solicitation of any person under 17 years of age for any kind of act listed above
- Distributing or transmitting an adult advertisement or display without the legally required disclaimer
Much of Louisiana’s obscenity law depends upon the “contemporary standards” of obscene or offensive acts. As such, there is much lee-way in what acts the state may actually define as obscene. This vague quality provides ample opportunity for a quality defense attorney to craft a strong and effective defense against these charges.
The penalties for obscenity in Louisiana are strict, as these are felony charges. For a first offense of obscenity in Louisiana, you may be sentenced up to three years in prison or fine up to $2500. A second offense carries up to an additional three years in prison and a fine of up to $5000. For a third offense, you may face up to five years in prison and a fine of up to $10000. Additionally, while you may get by with just a fine for your first offense, prison is mandatory for a second or third offense, with no chance of parole or probation. Any offense involving a minor under 17 years of age will automatically be sentenced as a third offense.
Because of the seriousness of these charges, it is imperative that you retain an aggressive lawyer to represent you during your Louisiana obscenity criminal case.
Getting Legal Help From Our Criminal Defense Lawyers
Centrally located in the heart of downtown New Orleans, the criminal defense attorneys at Bloom Legal have handled many different types of criminal defense cases throughout the city and the region and have the experience and the resources to defend you in your Louisiana obscenity case. We will conduct our own investigation into your charges in order to develop the most appropriate, individualized defense. We will examine the prosecution’s evidence to determine whether they have enough evidence to pursue the charges. The New Orleans obscenity defense team at Bloom Legal will negotiate to have the charges reduced or dismissed, or to have your sentence reduced, preserving your freedom and your way of life. If necessary, we will try to case in court.
Wherever you are in the New Orleans metropolitan area, if you have been charged with obscenity, Bloom Legal is here to help. From the moment you hire our services until the resolution of your case, we will work for you. Our criminal defense team has worked with clients from across the region, including:
- Orleans Parish
- Metairie, Kenner, and the rest of Jefferson Parish
- Chalmette, Arabi, and St. Bernard Parish
- Covington, Slidell, and the rest of St. Tammany Parish
- LaPlace and St. John the Baptist Parish
- Des Allemands, Hahnville, Destrehan, and the rest of St. Charles Parish
- Belle Chasse and Plaquemines Parish
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Working with Bloom Legal has been one of the best decisions that I have ever made. Seth and his team are professional, fast, and dedicated. Seth is a lot more than a lawyer; he is a fighter! Seth took on my case and treated me like a person instead of a client. He made a difficult situation very easy. I am very thankful for Seth and his team!
Posted by: Tyler Ales