Disorderly Conduct in New York: What It Really Means

A night out, an argument on the street, or even being too loud in public can sometimes end with a disorderly conduct charge. While it’s not as serious as a misdemeanor, this charge is common in Nassau County and can still cause headaches. Here’s what the law says in plain English.

1. What the Law Says

Under New York Penal Law § 240.20, you can be charged with disorderly conduct if you intentionally cause a public disturbance or act in a way that creates a risk of disorder. Examples include:

• Fighting or threatening behavior in public
• Making unreasonable noise
• Blocking traffic or pedestrian walkways
• Refusing to move when ordered by police
• Disrupting lawful assemblies (like a meeting or event)

2. Penalties if You’re Convicted

Disorderly conduct is a violation, not a misdemeanor or felony. That means it’s technically not a crime, but it still goes on your record unless dismissed. Possible penalties include:

• Up to 15 days in jail
• Fines up to $250
• Community service or conditional discharge

Even though the penalties are lighter, having a record of disorderly conduct can still affect employment, licensing, and immigration matters.

3. What Prosecutors Must Prove

To convict someone, the prosecution must show beyond a reasonable doubt that:

1. You engaged in one of the listed behaviors (fighting, noise, blocking traffic, etc.),
2. You did it with intent to cause public inconvenience, annoyance, or alarm, or recklessly created that risk, and
3. It happened in a public place.

Final Thoughts

Disorderly conduct charges often come out of misunderstandings, heated moments, or situations where police want to “control” a crowd. While less serious than other charges, it’s still important to defend against it. At Hochhauser Criminal & DWI Defense, we regularly fight disorderly conduct cases in Nassau County and work to keep our clients’ records clean.