Effective Defense for Disorderly Conduct Charges

Have you been charged with disorderly conduct?

The first thing you need to do after you’ve been arrested for disorderly conduct, is to call a Cooley, Iuliano, Robey PLLC disorderly conduct attorney at 859-636-6803. Each of our partners is a member of the National Association of Criminal Defense Lawyers, as well as the Kentucky Bar Association.

Our skilled disorderly conduct defense attorneys are always prepared to do a full investigation and defend your case, all while protecting your rights from the prosecution while they pursue their disorderly conduct case against you. Our disorderly conduct law firm and disorderly conduct attorneys are going to make certain that the Commonwealth of Kentucky is held to their burden of providing their case beyond a reasonable doubt.

What is disorderly conduct?

There’s free speech and then there’s just shouting obscenities in the street to annoy someone or even threaten a person. Free speech is protected by shouting to annoy or making unreasonable noise can result in the charge of a disorderly conduct offense, especially after being warned by a police officer or if you get orders to calm down. Or when you threaten or create unreasonable noise near a funeral or memorial service. It’s all about the social tolerance of your conduct, which is why only the best defense attorney can keep you free from jail or other penalties. One of the consequences of disorderly conduct is being arrested and accused of a class A misdemeanor, facing heavy fines or minor time in jail. It is a class B misdemeanor when your case is charged with disorderly conduct of the second degree. The difference between the two where you do your disorderly conduct and the relationship with those you threaten. Then, there are other types of disorderly conduct charges, like loitering, failure to disperse during the unrest, or even public intoxication.
If you are being accused of disorderly conduct, finding experienced professionals like Lexington ky criminal defense attorney or a disorderly conduct lawyer immediately after your arrest is where you should start in taking control of your future.

Have you been charged with a disorderly conduct crime?

Our team of criminal defense attorneys are members of National Association of Criminal Defense Lawyers and have been recognized as Top 100 Criminal Defense Attorneys in America by The National Trial Lawyers and America’s Top 100 Criminal Defense Attorneys. Put our experience and track record of success to work for you against the government’s charges and protect your freedom!

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If you have been charged with a disorderly conduct crime you need a team of experienced criminal defense attorneys focused on achieving the absolute best outcome for your case. Call and speak with a Cooley Iuliano Robey, PLLC criminal defense attorney at 859-636-6803.

Disorderly conduct in the first degree - KRS 525.055

(1) A person is guilty of disorderly conduct in the first degree when he or she:

(a) In a public place and with intent to cause public inconvenience, annoyance, or alarm, or wantonly creating a risk thereof:

1. Engages in fighting or in violent, tumultuous, or threatening behavior;
2. Makes unreasonable noise; or
3. Creates a hazardous or physically offensive condition by any act that serves no legitimate purpose; and

(b) Acts in a way described in paragraph (a) of this subsection within three hundred (300) feet of a:

1. Cemetery during a funeral or burial;
2. Funeral home during the viewing of a deceased person;
3. Funeral procession;
4. Funeral or memorial service; or
5. Building in which a funeral or memorial service is being conducted; and

(c) Acts in a way described in paragraph (a) of this subsection at any point in time between one (1) hour prior to the commencement of an event specified in paragraph (b) of this subsection and one (1) hour following its conclusion; and

(d) Knows that he or she is within three hundred (300) feet of an occasion described in paragraph (b) of this subsection.

(2) Disorderly conduct in the first degree is a Class A misdemeanor.

If you’re facing this disorderly conduct charge, get in contact with a reputable bar certified disorderly conduct lawyer as soon as possible.

If you or someone you care about has been charged with a disorderly conduct crime in the first degree, contact our reputable criminal defense lawyers or disorderly conduct lawyers as soon as possible by calling 859-636-6803.

Disorderly conduct in the second degree - KRS 525.060

(1) A person is guilty of disorderly conduct in the second degree when in a public place and with intent to cause public inconvenience, annoyance, or alarm, or wantonly creating a risk thereof, he:

(a) Engages in fighting or in violent, tumultuous, or threatening behavior;

(b) Makes unreasonable noise;

(c) Refuses to obey an official order to disperse issued to maintain public safety in dangerous proximity to a fire, hazard, or other emergency; or

(d) Creates a hazardous or physically offensive condition by any act that serves no legitimate purpose.

(2) Disorderly conduct in the second degree is a Class B misdemeanor.

If you or someone you care about has been charged with a disorderly conduct crime in the second degree in Kentucky, contact our reputable criminal defense lawyers or disorderly conduct lawyers as soon as possible by calling 859-636-6803.

Loitering - KRS 525.090

(1) A person is guilty of loitering when he:

(a) Loiters or remains in a public place for the purpose of gambling with cards, dice or other gambling paraphernalia, except that the provisions of this section shall not apply if the person is participating in charitable gaming defined by KRS 238.505; or

(b) Loiters or remains in a public place for the purpose of unlawfully using a controlled substance; or

(c) Loiters or remains in or about a school, college or university building or grounds, not having any reason or relationship involving custody of or responsibility for a pupil or student or any other specific legitimate reason for being there and not having written permission from anyone authorized to grant the same; or

(d) Loiters or remains in any transportation facility, unless specifically authorized to do so, for the purpose of soliciting or engaging in any business, trade or commercial transactions involving the sale of merchandise or services.

(2) Loitering is a violation.

If you or someone you care about has been charged with a disorderly conduct crime in Kentucky, contact our reputable criminal defense lawyers or disorderly conduct lawyers as soon as possible by calling 859-636-6803.

Unlawful assembly - KRS 525.050

(1) A person is guilty of unlawful assembly when:

(a) He assembles with five (5) or more persons for the purpose of engaging or preparing to engage with them in a riot; or

(b) Being present at an assembly which either has or develops such a purpose, he remains there with intent to advance that purpose.

(2) Unlawful assembly is a Class B misdemeanor.

Failure to disperse - KRS 525.160

(1) A person is guilty of failure to disperse if he participates with two (2) or more persons in a course of disorderly conduct likely to cause substantial harm or serious inconvenience, annoyance or alarm, and intentionally refuses to disperse when ordered to do so by a peace officer or other public servant engaged in executing or enforcing the law.

(2) Failure to disperse is a Class B misdemeanor.

Disrupting meetings and processions in the first degree - KRS 525.145

(1) A person is guilty of disrupting meetings and processions in the first degree when, with intent to prevent or disrupt a funeral or burial, funeral home viewing of a deceased person, funeral procession, or funeral or memorial service for a deceased person, he or she does any act tending to obstruct or interfere with it physically or makes any utterance, gesture, or display designed to outrage the sensibilities of the

group attending the occasion.

(2) Disrupting meetings and processions in the first degree is a Class A misdemeanor.

Disrupting meetings and processions in the second degree - KRS 525.150

(1) A person is guilty of disrupting meetings and processions in the second degree when, with intent to prevent or disrupt a lawful meeting, procession, or gathering, he or she does any act tending to obstruct or interfere with it physically or makes any utterance, gesture, or display designed to outrage the sensibilities of the group.

(2) Disrupting meetings and processions in the second degree is a Class B misdemeanor.

If you or someone you care about has been charged with a disorderly conduct crime in the second degree, contact our reputable criminal defense lawyers or disorderly conduct lawyers as soon as possible by calling 859-636-6803.

Obstructing an emergency responder - KRS 525.015

(1) As used in this section, “”emergency responder”” means state or local law enforcement personnel, fire department personnel, corrections officers, and emergency medical personnel and those contracted for official use by emergency responders.

(2) No person shall intentionally obstruct or disrupt an emergency responder from performing his or her official duties.

(3) Obstructing an emergency responder is a violation for a first offense, and a Class B misdemeanor for a second or subsequent offense.

Obstructing a highway or other public passage - KRS 525.140

(1) A person is guilty of obstructing a highway or other public passage when having no legal privilege to do so he, alone or with other persons, intentionally or wantonly renders any highway or public passage impassable without unreasonable inconvenience or hazard.

(2) No person shall be convicted under this section solely because of a gathering of persons to hear him speak or otherwise communicate or solely because of being a member of such a gathering.

(3) An order to disperse issued by a peace officer or other public servant engaged in executing or enforcing the law and addressed to a person whose speech or other lawful behavior attracts an obstructing audience shall not be deemed lawful if the obstruction can be readily remedied by police control of the size or location of the gathering.

(4) Obstructing a highway or other public passage is a Class B misdemeanor.

Public Intoxication

CIR Legal’s seasoned disorderly conduct attorneys can help you with any type of disorderly conduct charge and help you determine what you’re up against, including public intoxication

To know more about this particular disorderly conduct crime, its penalties, and what possible defenses can be used for it by skilled a disorderly conduct lawyer visit our public intoxication page here.

Rioting Charges

Riot in the first degree - KRS 525.020

(1) A person is guilty of riot in the first degree when:

(a) He knowingly participates in a riot; and

(b) In the course of and as a result of such riot a person other than one (1) of the participants suffers physical injury or substantial property damage occurs.

(2) Riot in the first degree is a Class D felony.

Riot in the second degree - KRS 525.030

(1) A person is guilty of riot in the second degree when he knowingly participates in a riot.

(2) Riot in the second degree is a Class A misdemeanor.

Inciting to riot - KRS 525.040

(1) A person is guilty of inciting to riot when he incites or urges five (5) or more persons to create or engage in a riot.

(2) Inciting to riot is a Class A misdemeanor.

Trafficking in controlled substance in third degree - KRS 218A.1414

(1) A person is guilty of trafficking in a controlled substance in the third degree when he or she knowingly and unlawfully traffics in:

(a) Twenty (20) or more dosage units of a controlled substance classified in Schedules IV or V; or

(b) Any quantity of a controlled substance specified in paragraph (a) of this subsection in an amount less than the amount specified in that paragraph.

(2) (a) Any person who violates the provisions of subsection (1)(a) of this section shall be guilty of:

1. A Class A misdemeanor for a first offense involving one hundred twenty (120) or fewer dosage units;
2. A Class D felony for a first offense involving more than one hundred twenty (120) dosage units; and
3. A Class D felony for a second or subsequent offense.

(b) Any person who violates the provisions of subsection (1)(b) of this section shall be guilty of:

1. A Class A misdemeanor for the first offense, subject to the imposition of presumptive probation; and
2. A Class D felony for a second or subsequent offense, except that KRS Chapter 532 to the contrary notwithstanding, the maximum sentence to be imposed shall be no greater than three (3) years.

Trafficking in a misrepresented controlled substance - KRS 218A.14141

(1) A person is guilty of trafficking in a misrepresented controlled substance when he or she knowingly and unlawfully sells or distributes any Schedule I controlled substance, carfentanil, or fentanyl while misrepresenting the identity of the Schedule I controlled substance, carfentanil, or fentanyl being sold or distributed as a legitimate pharmaceutical product.

(2) The provisions of this section are intended to be a separate offense from others in this chapter, and shall be punished in addition to violations of this chapter occurring during the same course of conduct.

(3) Trafficking in a misrepresented controlled substance is a Class D felony.

Selling controlled substances other than salvia to a minor - KRS 218A.1401

(1) A person is guilty of selling controlled substances to a minor when he or she, being eighteen (18) years of age or older, knowingly and unlawfully sells or transfers any quantity of a controlled substance other than salvia to any person under eighteen (18) years of age.

(2) Selling controlled substances to a minor is a Class C felony for a first offense, and a Class B felony for each subsequent offense, unless a more severe penalty for trafficking in controlled substances is applicable, in which case the higher penalty shall apply. Effective:April 27, 2016

Trafficking in controlled substance in or near school - KRS 218A.1411

(1) Any person who unlawfully traffics in a controlled substance classified in Schedules I, II, III, IV or V, or a controlled substance analogue in any building used primarily for classroom instruction in a school or on any premises located within one thousand (1,000) feet of any school building used primarily for classroom instruction shall be guilty of a Class D felony, unless a more severe penalty is set forth in this chapter, in which case the higher penalty shall apply. The measurement shall be taken in a straight line from the nearest wall of the school to the place of violation.

(2) The provisions of subsection (1) of this section shall not apply to any misdemeanor offense relating to salvia

Crimes Against Dead Bodies

Desecration of venerated objects, second degree - KRS 525.110

(1) A person is guilty of desecration of venerated objects in the second degree when he intentionally:

(a) Desecrates any public monument or object or place of worship; or

(b) Desecrates in a public place the national or state flag or other patriotic or religious symbol which is an object of veneration by the public or a substantial segment thereof.

(2) Desecration of venerated objects in the second degree is a Class A misdemeanor.

Violating Graves - KRS 525.115

(1) A person is guilty of violating graves when he intentionally:

(a) Mutilates the graves, monuments, fences, shrubbery, ornaments, grounds, or buildings in or enclosing any cemetery or place of sepulture; or

(b) Violates the grave of any person by destroying, removing, or damaging the headstone or footstone, or the tomb over the enclosure protecting any grave; or

(2) The provisions of subsection (1) of this section shall not apply to ordinary maintenance and care of a cemetery nor the removal and relocation of graves pursuant to procedures authorized by and in accordance with applicable statutes.

(3) Violating graves is a Class D felony.

(4) The court shall order the defendant to restore the cemetery to its pre-damage condition.

Abuse of a Corpse - KRS 525.120

(1) A person is guilty of abuse of a corpse when except as authorized by law he intentionally treats a corpse in a way that would outrage ordinary family sensibilities. A person shall also be guilty of abuse of a corpse if that person enters into a contract and accepts remuneration for the preparation of a corpse for burial or the burial or cremation of a corpse and then deliberately fails to prepare, bury, or cremate that corpse in accordance with that contract.

(2) Abuse of a corpse is a Class D felony.

Interference with a funeral - KRS 525.155

(1) A person is guilty of interference with a funeral when, at any point in time between one (1) hour prior to the commencement of an event specified in this subsection and one (1) hour following its conclusion, he or she blocks, impedes, inhibits, or in any other manner obstructs or interferes with access into or from any building or parking lot of a building in which a funeral, wake, memorial service, or burial is being conducted, or any burial plot or the parking lot of the cemetery in which a funeral, wake, memorial service, or burial is being conducted.

(2) Interference with a funeral is a Class B misdemeanor.

Penalties in Disorderly Conduct Cases

Although the penalties for all crimes, along with disorderly conduct offenses, committed in the Commonwealth of Kentucky are subject to the results of an evaluation of the evidence from your criminal defense attorney during the trial, usually the state adheres to penalties and content detailed in each of the crimes’ individual statute in the Kentucky Revised Statutes as well as the Kentucky Sentencing Guidelines and the Kentucky Revised Statutes for most criminal convictions.

Each of these types of offenses are then divided into two and four classes, respectively. There are class A and class B misdemeanors and classes A through D felonies, plus a capital offense classification for crimes resulting in death, with the harshest punishments. For any of which, it is of utmost importance to work with a reputable disorderly conduct lawyer in your area to see the substance of your case.

Misdemeanor

In general, a misdemeanor is a crime punishable by less than a year in prison, and sometimes there are only heavy fines involved, probation, or other sentences less harsh than with felonies. The consequences for someone guilty of a crime punishable by a misdemeanor are;

Class A misdemeanors – 90 days to 12 months jail time, including a monetary fine that can cost up to 500 dollars , and
Class B misdemeanors – up to 90 days jail time, including a monetary fine up to 250 dollars

Nonetheless, they are a stain on your permanent record and can change your life for the worse, which is why you want the best disorderly conduct attorney you can get. A competent disorderly conduct defense attorney can get your case dismissed, charges filed against you dropped, or fight for an expungement of your misdemeanor conviction altogether.

Felony

A felony is the most serious type of crime in the United States,, and hence, they offer the most serious punishments, with years in prison. They are divided (like misdemeanors as well) into classes. The imprisonment terms for each class of this offense are;

Class A – 20 to 50 years, or even life imprisonment,
Class B – 10 to 20 years,
Class C – 5 to 10 years, and
Class D – 1 to 5 years

All serious crimes, except murders (they have their own punishments), are classified as felonies.

It’s also important to point out that former convictions of this degree matter. If district court investigations and records show you are a “persistent offender,” then it’s very likely you’ll be facing a longer prison term vs someone guilty of the same crime without records of a prior felony conviction. (Ky. Rev. Stat. Ann. § 532.080 (2019 ).). If this is the case, it is advised for you to share this information with your disorderly conduct defense lawyer at the earliest.

A person found guilty of a felony in states like Kentucky will also need to pay a fine costing between 1,000 dollars and 10,000 dollars. Or, if it applies, double any gain from committing the offense. In the event that it does, the district court usually orders whichever amount is greater to be paid (Ky. Rev. Stat. Ann. § 534.030 (2019 ).).

It’s difficult facing offenses as serious as this alone, especially since these have long lasting consequences on a person’s life once convicted. Which is why hiring expert disorderly conduct defense attorneys is essential. Experienced disorderly conduct attorneys will know what to expect along with the best way to protect your rights, or avoid a conviction altogether.

Federal

Just like at the state or county level, a non-violent crime can mean any type of offense not involving physical violence, and most often, drug offenses are classified under this. But besides drug offenses, non-violent crimes are also related to gambling, harassment, a kickback to a federal agent, property crimes, white-collar crimes, and more. In the US, most non-violent offenses are handled by state law, but those that involve federal property and across states, like white-collar crimes and drug offenses, are placed under federal jurisdiction. Penalties for these crimes are wide-ranging, with drug offenders facing years in prison, and white collar criminals only a light sentence in minimum security prisons. Nonetheless, cases can vary and you will need a criminal defense attorney Lexington with experience in the federal district court of Eastern and Western Districts of Kentucky.

You need an experienced criminal defense lawyer that specializes in disorderly conduct defense

All of our criminal disorderly conduct attorneys at Cooley Iuliano Robey, PLLC are members of the National Association of Criminal Defense Lawyers as well as the Kentucky Bar Association, with decades of experience in matters of disorderly conduct charges and disorderly conduct defenses or other practice areas. We value the best interest of every client above all. When it comes to disorderly conduct offenses, you need disorderly conduct attorneys who will fight for your constitutional rights, and do an evaluation of your case and the evidence, from arrest to your trial period, no matter how inconsequential they may be.

Free Consultation & Case Review from our experienced disorderly conduct lawyers

At CIR Legal, our disorderly conduct attorney’s disorderly conduct defense services include offering free consultation and case review to potential clients or otherwise. Our disorderly conduct attorneys have fought and will always strive to fight for the rights of every defendant in the state of Kentucky, no matter the type of offense and using all of our insights and resources. Call our law office at 859-636-6803 or fill out our form for a free consultation, no matter if it’s pm or am.

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Our promise to you is based on a simple principle – focus on your goals and achieve exceptional results. You have trusted us to represent your interests in one of the most important events in your life, and we will not let you down.

We will always keep you informed about your case. We will always explain a clear path forward, and provide you with an understanding of “what to expect” at each step. We will always be directly accessible to you and promptly respond to any questions you may have.

We promise to always advocate for you and your interests. No matter what issue you’re facing – you’ll always have a team of attorneys in your corner ready to fight for you.

Lexington Disorderly Conduct Defense Lawyer