What is Disorderly Conduct?
Disorderly Conduct and Public Intoxication are two misdemeanor offenses in the state of Georgia that are self-explanatory. You can be charged with first offense, Disorderly Conduct, if you are disturbing the peace of others around you, behaving in an unruly, out of control or disorderly manner. You may also be charged with this by preventing others from performing or conducting their daily activities. Our defense attorneys at Kohn & Yager, LLC. will vigorously defend you in the Atlanta metro area for disturbing the peace charges.
In Georgia there are two kinds of disorderly conduct laws – state and local municipality. A city’s code of law is much more expansive than the state’s laws.
Below is the Atlanta, GA disorderly conduct code of law:
Sec. 106-81. – Disorderly conduct.
It shall be unlawful for any person within the corporate limits of the city to engage in any conduct described in the following subsections; provided, however, that no person shall be convicted of any of the following sections upon a showing that the predominant intent of such conduct was to exercise a constitutional right to:
(1) Act in a violent or tumultuous manner toward another whereby any person is placed in fear of the safety of such person’s life, limb or health;
(2) Act in a violent or tumultuous manner toward another whereby the property of any person is placed in danger of being damaged or destroyed;
(3) Cause, provoke or engage in any fight, brawl or riotous conduct so as to endanger the life, limb, health or property of another;
(4) Assemble or congregate with another or others for the purpose of, or with the intent to, engage in gaming;
(5) Be in or about any place, alone or with another or others, with the purpose of or intent to engage in any fraudulent scheme, trick or device to obtain any money or valuable thing; or to aid or abet any person or persons in doing so;
(6) Direct fighting words toward another, that is, words which by their very nature tend to incite an immediate breach of the peace;
(7) Interfere, by acts of physical obstruction, another’s pursuit of a lawful occupation;
(8) Congregate with another or others in or on any public way so as to halt the flow of vehicular or pedestrian traffic, and to fail to clear that public way after being ordered to do so by a city police officer or other lawful authority;
(9) Stand or remain in or about any street, sidewalk, overpass or public way so as to impede the flow of vehicular or pedestrian traffic, and to fail to clear such street, sidewalk, overpass or public way after being ordered to do so by a police officer or other lawful authority;
(10) Disrupt by actions which tend to incite a breach of the peace the undisturbed activities of any house of worship, hospital, surgi-center, or home for the elderly; or
(11) Throw bottles, paper, cans, glass, sticks, stones, missiles or any other debris on public property.
(12) Accost or force oneself upon the company of another;
(a) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
Accosting means approaching or speaking to someone in such a manner as would cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon his/her person, or upon property in his/her immediate possession.
Forcing oneself upon the company of another means continuing to request or solicit any item of value or an individual’s company from a person after that person has made a negative response, blocking the passage of the individual addressed or otherwise engaging in conduct which could reasonably be construed as intended to compel or force a person to accede to demands.
(Code 1977, § 17-3001; Ord. No. 2000-53, § 1, 10-10-00; Ord. No. 2005-03, § 12, 1-10-05; Ord. No. 2005-48, § 1, 8-24-05; Ord. No. 2007-20(07-O-0489), § 1, 3-27-07)
State Law reference— Riot, O.C.G.A. § 16-11-30; affray, O.C.G.A. § 16-11-32; obscene, vulgar or profane language, O.C.G.A. § 16-11-39; obstructing public passages, O.C.G.A. § 16-11-43.
Public Intoxication, commonly called “drunk and disorderly,” occurs when an individual is blatantly displaying behavior of being under the influence of alcohol or drugs, or appearing in an indecent manner (nude or partially nude). In Georgia, you can be arrested for public drunkenness in public or at a private residence that is not your own. Penalties for these charges include serving up to 1 year in jail and having to pay up to $1,000.00 in fines. If you have pending public intoxication charge, set up your FREE consultation with one of our Atlanta lawyers William C. (Bubba) Head, Larry Kohn, and Cory Yager, by calling (404) 567-5515.
Below is the Atlanta disorderly intoxication city code of law:
Sec. 22-105. – Disorderly conduct; intoxication.
(a) No person shall commit any disorderly, obscene or indecent act or commit any act of nuisance on the airport.
(b) No person shall be and appear in an intoxicated condition in the airport, which condition is made manifest by boisterousness, by indecent condition or act or by vulgar, profane, loud or unbecoming language.
(Code 1977, § 12-3023)
Most Georgia residents decide to walk into Atlanta Municipal Court and plead guilty to disorderly conduct charges, or they ask the court to appoint a public defender. This is your choice. But be ready to face stiff court fines and possibly even jail time. Give yourself the representation you deserve.
A FREE consultation with our Atlanta GA criminal law firm can help clear up any confusion on which courtroom your case will be heard in, and what exactly are the penalties the judge most likely will sentence you with.
Our Atlanta Criminal Law Firm Stands Ready to Fight For You
As soon as we speak with you, our highly-trained Georgia criminal attorneys and support staff can help you get the best outcome in your situation. We handle all types of Georgia criminal cases, from DUI to robbery and assault.
Call us NOW: 404-567-5515 We are here to show you how to BEAT a disturbing the peace or a drunk in public charge. We will accept nothing less. The sooner you call us, the better chance we have to win your Atlanta disorderly conduct case.