Disorderly Conduct

Disorderly Conduct in New Jersey

“Just an Argument” Can Still Be a Crime

In New Jersey, disorderly conduct is often charged when police are called to a loud argument, a bar or street incident, or a public disturbance. What feels like a minor blow-up can still lead to arrest, fines, and a permanent record if not handled correctly.

Disorderly conduct is covered by N.J.S.A. 2C:33-2 and generally involves improper behavior or offensive language in a public place that causes or risks public inconvenience, annoyance, or alarm.

If you or a loved one has been charged with disorderly conduct, it’s easy to think “it’s just a ticket.” But a conviction can still affect your record, job, and future—which is why it’s smart to speak with a defense attorney.

How Attorney Mark Bailey Approaches Disorderly Conduct Cases

Attorney Mark Bailey understands that disorderly conduct usually comes out of high-stress, emotional moments, not long-term criminal behavior:

• Arguments that get too loud in public

• Conflicts at bars, restaurants, concerts, or sporting events

• Protests or gatherings where police are called

• Domestic or neighbor disputes that spill into public view

He takes a selective, hands-on approach, limiting the matters he takes so he can:

• Carefully review police reports, 911 calls, and any available video/body-cam

• Look at what was really said or done—not just the officer’s summary

• Analyze whether your actions truly meet New Jersey’s legal definition of “improper behavior” or “offensive language”

• Work to dismiss, downgrade, or resolve the charge in a way that protects your record

His goal is to prevent a heated moment from turning into a long-term problem.

What Is Disorderly Conduct? – N.J.S.A. 2C:33-2

Under N.J.S.A. 2C:33-2, disorderly conduct has two main parts:

1. Improper Behavior

2. Offensive Language

Both must usually occur in a public place and must be done with purpose to cause public inconvenience, annoyance, or alarm, or recklessly creating that risk.

Improper Behavior

You can be charged with disorderly conduct for improper behavior if, in a public place, you:

• Engage in fighting or threatening, or

• Engage in violent or tumultuous behavior, or

• Create a hazardous or physically dangerous condition by any act which serves no legitimate purpose.

Common examples include:

• Getting into a fight or near-fight in a bar, on the street, or at an event

• Shoving or aggressively confronting others in public

• Throwing objects or acting in a way that creates a dangerous situation for others

Offensive Language

Disorderly conduct can also be charged when someone:

• In a public place,

• Uses unreasonably loud or offensively coarse or abusive language,

• With the purpose to offend or annoy, and

• In circumstances where their words are likely to cause public inconvenience, annoyance, or alarm.

Important points:

• Not every rude or profane word is a crime. The State must usually show intent to harass or provoke and that the language goes beyond normal heated conversation in a public setting.

• Courts often look closely at context: where you were, who else was present, and whether the situation was on the verge of escalating.

How Serious Is Disorderly Conduct?

Despite the confusing name, “disorderly conduct” is actually a petty disorderly persons offense, which is still a criminal offense under New Jersey law.

A conviction can mean:

• Up to 30 days in the county jail

• Fines up to $500

• Court costs and possible assessments

• A criminal record that appears on background checks

Even though it’s the lowest level of criminal charge in New Jersey, it’s still not “just a ticket.” It is not the same as a simple traffic infraction.

Common Situations That Lead to Disorderly Conduct Charges

Disorderly conduct often arises in:

• Bar or nightclub incidents

• Stadiums, concerts, or festivals

• Boardwalks, parks, or downtown areas

• College campuses

• Domestic or family disputes that move into the street, yard, or hallway

Police sometimes use disorderly conduct as a “catch-all” charge when they feel someone is being loud, disrespectful, or making a scene in public—even if there’s no serious violence or injury.

It’s also frequently charged alongside:

• Simple Assault

• Harassment

• Resisting Arrest

• Public intoxication / local ordinances

Defenses & Strategies in Disorderly Conduct Cases

Every case is different, but common defense themes include:

1. Not Really “Public” or No Real Public Disturbance

The statute typically requires conduct in a public place with a risk of public inconvenience, annoyance, or alarm.

• Was the incident mostly private, with little public presence?

• Were there actually people around who were bothered, or just police reacting to a call?

If the setting doesn’t truly fit, the charge may be weakened.

2. Free Speech Concerns (Offensive Language)

For language-based disorderly conduct, courts must balance the law with constitutional free speech protections.

• Angry or profane speech alone is often not enough unless it crosses into true threats, fighting words, or clear intent to provoke or harass.

• The exact words, tone, and context matter a lot.

An attorney can argue that your speech, while perhaps rude or emotional, does not rise to criminal disorderly conduct.

3. No Intent to Cause Public Inconvenience or Alarm

The State generally must prove you purposely tried to create public inconvenience, annoyance, or alarm—or acted recklessly knowing it was likely.

• Were you trying to leave, calm things down, or move away?

• Were you reacting to someone else’s aggression?

• Was alcohol involved, with no real desire to cause a public scene?

Showing that you lacked the required intent can be key.

4. Self-Defense or Defense of Others (If a Fight Is Alleged)

If the disorderly conduct is based on a fight or altercation, you may have been:

• Defending yourself from someone else’s aggression

• Protecting a friend or family member

In those cases, self-defense or defense-of-others concepts may apply and can help explain or justify your behavior.

5. Overcharging & Negotiation

Because disorderly conduct is relatively low-level, there is often room for:

• Dismissals if the evidence is thin or the complaint is defective

• Amendments to municipal ordinances that do not create a criminal record

• Conditional dismissals or plea deals that avoid a conviction if you stay out of trouble and complete certain terms (like community service or counseling)

Attorney Mark Bailey can often negotiate with prosecutors to avoid a permanent criminal conviction—especially for first-time offenders or minor incidents.

Collateral Consequences of a Disorderly Conduct Conviction

Even though it’s “only” a petty disorderly persons offense, a conviction can still impact:

• Employment (especially in education, healthcare, security, law enforcement, and government)

• Professional licensing

• Immigration status for non-citizens

• College and graduate school applications

• Future sentencing if you ever face another charge

That’s why it’s usually worth fighting to avoid a conviction, not just paying a fine and moving on.

How Mark Bailey Can Help

When you retain Mark A. Bailey for a disorderly conduct case, he will:

• Obtain and review all police reports, witness statements, video, and 911 records

• Listen to your full version of events, not just the one in the complaint

• Identify weaknesses in the State’s case (public setting, intent, speech vs. action issues)

• Pursue dismissals, downgrades, or diversion wherever possible

• Advise you on expungement options so a mistake doesn’t follow you forever

His mission is to protect your record, reputation, and future from the long-term impact of a short-term incident.

The Law Office of Mark A. Bailey is committed to defending individuals accused of disorderly conduct and related offenses and fighting for the best possible outcome.

Contact Mark Bailey today for a confidential consultation to discuss your disorderly conduct charge, your rights, and the best strategy for moving forward.