Disorderly Conduct in New York: What It Means and Why It Matters
Disorderly conduct (New York Penal Law 240.20) is a violation, not a crime. You can be charged directly, after an argument, a fight or a noise complaint, and it is also the most common reduction prosecutors offer to settle misdemeanor and even felony charges. Understanding it matters either way. Richard Hochhauser of Hochhauser Criminal & DWI Defense, PLLC handles disorderly conduct cases in Nassau and Suffolk County.
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Charged with disorderly conduct, or offered it as a plea?
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What counts as disorderly conduct
You can be charged when, with intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk of it, you:
- Fight, or act in a violent, threatening or tumultuous way
- Make unreasonable noise
- Use abusive or obscene language or gestures in a public place
- Disturb a lawful assembly or meeting
- Block vehicle or pedestrian traffic
- Gather with others in a public place and refuse a lawful police order to leave
- Create a hazardous or physically offensive condition for no legitimate purpose
It has to be public. The conduct must cause, or risk, a public disturbance. An argument inside a private home usually isn’t disorderly conduct.
Penalties
| Possible sentence | Details |
|---|---|
| Jail | Up to 15 days, rarely imposed |
| Fine | Up to $250, plus a mandatory surcharge |
| Conditional discharge | The most common sentence: stay out of trouble for one year |
| Community service or a class | Often part of a negotiated plea |
Disorderly conduct as a plea bargain
Prosecutors often offer a plea to disorderly conduct to resolve charges like petit larceny, assault in the third degree, criminal mischief, and sometimes felonies. For many people that is a very good result:
No crime
Not a criminal conviction
Disorderly conduct is a violation, so pleading to it means you have not been convicted of a crime.
Sealed
Sealed record
In most cases the record is sealed, so it won’t show up on most background checks.
Ask first
Still a conviction
It is still a violation conviction. Some licensing agencies and immigration authorities can see sealed records, so non-citizens should get advice first.
Compare options
Sometimes an ACD is possible
In some cases a full dismissal is available instead. Know your options before you plead.
Recent results ending in disorderly conduct
Felony dismissed · Reduced to disorderly conduct
Grand larceny
Nassau County, July 16, 2026. A felony grand larceny charge was resolved with a plea to disorderly conduct, with community service and a conditional discharge.
Charge dismissed · Reduced to disorderly conduct
Choke-hold allegation, family fight
Nassau County District Court, August 15, 2025. The case was resolved with a sealed plea to disorderly conduct.
Charge dismissed · Reduced to disorderly conduct
Reckless endangerment
Suffolk County District Court, August 25, 2026. After an animal-care course, the charge was reduced to disorderly conduct.
More results: our successful cases.
Prior results do not guarantee a similar outcome.
Disorderly conduct: frequently asked questions
Is disorderly conduct a crime in New York?
No. Disorderly conduct is a violation, which is not a crime. It is in the same category as a traffic infraction for purposes of having a criminal record.
Is disorderly conduct a misdemeanor?
No. It is a violation, a lower level than a misdemeanor, with a maximum of 15 days in jail.
Does disorderly conduct show up on a background check?
In most cases the record is sealed, so it does not appear on most background checks. Some government and licensing agencies can still see sealed records.
Should I take a plea to disorderly conduct?
Often it is a good result, especially to resolve a misdemeanor or felony. But sometimes a dismissal or ACD is possible, and non-citizens should get immigration advice first.
Can a disorderly conduct charge be dismissed?
Yes. Disorderly conduct charges can be dismissed, or resolved with an ACD, particularly when the conduct wasn’t public or there was no intent to cause a disturbance.
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