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Can You Beat a Disorderly Conduct Charge in Wisconsin?

By Carlos Gamino

If you’re like many people accused of disorderly conduct, you know that you have a chance to fight your charges in court – but can you really beat a disorderly conduct charge in Wisconsin? Here’s what you need to know.

Can You Beat a Disorderly Conduct Charge in Wisconsin?

Some people successfully beat disorderly conduct charges in Wisconsin. However, you can’t simply stroll into court and say, “I’m not guilty – let me off the hook.” If you want to beat a disorderly conduct charge, you have to give yourself a fighting chance by getting case-specific legal advice. For most people, the best solution is to work with a Milwaukee criminal defense attorney throughout the process.

Related: Juvenile disorderly conduct in Wisconsin

Is Self-Defense a Defense to Disorderly Conduct Charges?

In some cases, self-defense is a valid defense to disorderly conduct charges. For example, if someone attacks you and you neutralize – or try to neutralize – the threat, you may be able to show the court that you were only defending yourself and that you don’t deserve to be charged with disorderly conduct. (We bring this up because in a fight, the police often charge both parties with disorderly conduct – even the one who was simply defending him- or herself.

Related: What if you’re charged with disorderly conduct for fighting?

What’s the Penalty if You Lose a Disorderly Conduct Case?

If the state ends up charging you with a Class B misdemeanor for disorderly conduct, you’re looking at up to 90 days in jail and fines of up to $1,000. The judge in your case doesn’t have to sentence you to the maximum, but you do need to know that it’s possible you’ll spend up to three months in jail and pay hefty fines.

Will Disorderly Conduct Stay On Your Criminal Record Forever?

If you’re convicted of disorderly conduct, it will go on your criminal record. You may later qualify to clear your record (in rare cases), but your conviction will show up on criminal background checks until then. There is no guarantee that you’ll be eligible to clear your record. However, if the state drops its charges against you or you’re found not guilty, you may be able to have your arrest record cleared so that it doesn’t show up on a background check.

Do You Need to Talk to an Attorney About Beating Disorderly Conduct Charges in Wisconsin?

There’s never any way to predict how a judge will rule, but we can give you the legal advice and representation you need to get the best possible outcome in your case. Call us at 414-383-6700 to schedule your free consultation now – we’ll be happy to answer your questions and start building a strategy to help you.

Attorney Carlos Gamino

By |2021-03-20T13:39:53-05:00June 1st, 2021|Criminal Law|Comments Off on Can You Beat a Disorderly Conduct Charge in Wisconsin?

Disorderly Conduct in Milwaukee: The Basics

By Carlos Gamino

If you’re like most people, you’ve heard of disorderly conduct – but what is it, and what happens if you’re convicted of disorderly conduct in court? Will you go to jail? Here’s what you need to know.

What is Disorderly Conduct?

Disorderly conduct is an umbrella term that covers quite a few types of crimes. In fact, the state of Wisconsin can convict you of disorderly conduct if the court believes that you:

  • Engaged in violent, abusive, indecent, profane, boisterous, unreasonably loud or otherwise disorderly conduct
  • Your conduct tended to cause or provoke a disturbance.

The state defines disorderly conduct this way: “Whoever, in a public or private place, engages in violent, abusive, indecent, profane, boisterous, unreasonably loud or otherwise disorderly conduct under circumstances in which the conduct tends to cause or provoke a disturbance.”

Related: Examples of disorderly conduct in Wisconsin

Can You Go to Jail for Disorderly Conduct in Wisconsin?

You can go to jail for disorderly conduct in Wisconsin. In addition to your initial arrest, when police bring you to the station for booking, you can be convicted of a Class B misdemeanor. A Class B misdemeanor carries a penalty of up to 90 days in jail and a fine of up to $1,000.

How Do You Beat a Disorderly Conduct Charge in Wisconsin?

There’s no guarantee that you’ll beat a disorderly conduct charge in Wisconsin, but you can get the best possible outcome if you get legal advice related to your situation. You can fight these types of charges and, in some cases, defeat them – but you do need to know the law and how it applies to your situation. You can’t walk into court completely unprepared.

Related: All about disorderly conduct in Wisconsin

Will Disorderly Conduct Go on Your Criminal Record?

A criminal conviction will go on your criminal record. You may later qualify to clear your criminal record, but there’s no guarantee that a court will approve an expungement in your case – and that means in most cases, disorderly conduct will stay on your criminal record.

Do You Need to Talk to a Disorderly Conduct Attorney in Wisconsin?

If you’ve been accused of disorderly conduct, we may be able to help you. Call our office at 414-383-6700 to schedule a free consultation – we’ll answer your questions and help you start moving forward.

Attorney Carlos Gamino

By |2021-05-17T21:59:35-05:00May 17th, 2021|Criminal Law|Comments Off on Disorderly Conduct in Milwaukee: The Basics

Examples of Disorderly Conduct in Wisconsin

Examples of Disorderly Conduct in Wisconsin - Carlos Gamino

By Carlos Gamino

Under Wisconsin law, disorderly conduct is a very broad term – and the consequences of a conviction can be pretty serious (and they’ll stay on your record forever unless you petition the court to remove them). It covers any behavior in public or in private that’s likely to provoke a disturbance, such as behaviors that are:

  • Violent
  • Abusive
  • Indecent
  • Profane
  • Boisterous
  • Unreasonably loud
  • Otherwise disorderly conduct

Just from that list, you can see that the police can arrest you for disorderly conduct when you’re doing just about anything but walking quietly down the street. If you’re convicted, you’re looking at a Class B misdemeanor – and that’s punishable by up to 90 days in jail and a fine of up to $1,000.

3 Examples of Disorderly Conduct in Wisconsin

Still not sure what constitutes this type of crime? Check out these three examples of disorderly conduct.

#1. Participating in a disruptive protest

The state can charge you with disorderly conduct if you’re part of a disruptive protest. For example, if the protest you’re participating in devolves from a peaceable assembly into one that involves fighting, profane verbal altercations (with the police or with others), or destruction of property, you can be arrested, charged with disorderly conduct, and possibly convicted.

#2. Public intoxication

It’s not uncommon for people to drink at a bar in downtown Milwaukee, walk to another bar, drink more, and hit the streets again. However, when public intoxication is obvious (such as when other people see you staggering, being loud or obnoxious, or urinating in public), the police can arrest you and charge you with disorderly conduct.

#3. Yelling, screaming or verbally assaulting others

In a recent Michigan protest, a man was alleged to have screamed in a police officer’s face. In some instances, that’s enough to get someone arrested for disorderly conduct (the police did not arrest that man).

Do You Need to Talk to a Lawyer About These Examples of Disorderly Conduct or Your Own Charges?

If you’ve been accused of disorderly conduct, we may be able to help you. Call us at 414-383-6700 to schedule your free consultation with a Milwaukee disorderly conduct attorney today.

Carlos Gamino

By |2020-05-16T17:36:26-05:00June 23rd, 2020|Criminal Law|Comments Off on Examples of Disorderly Conduct in Wisconsin

Juvenile Disorderly Conduct in Wisconsin

Juvenile Disorderly Conduct in Wisconsin - Carlos Gamino

By Attorney Carlos Gamino

Juvenile disorderly conduct in Wisconsin is much the same as adult charges of disorderly conduct – the only difference is the age of the person accused of committing the crime. Disorderly conduct is such a catch-all term; several types of behavior can fall under its umbrella. For example, any of these actions could be considered disorderly conduct:

  • Harassment
  • Fighting
  • Arguing loudly
  • Disturbing the peace
  • Public intoxication
  • Unlawful assembly
  • Vagrancy
  • Unlawful use of a telephone or computerized communication system
  • Loitering
  • Exhibiting reckless behavior in a crowded area

If your child has been accused of juvenile disorderly conduct in Wisconsin, it may be a good idea for you to talk to a disorderly conduct defense attorney who can help.

Juvenile Disorderly Conduct in Wisconsin: Possible Penalties

Children in Wisconsin can be tried as adults if they’re age 17 or older. Juveniles who have previously been adjudged delinquent – regardless of age – can also be tried as adults.

Disorderly conduct is a Class B misdemeanor, which is punishable by up to 90 days in jail and a fine of up to $1,000. However, one type of disorderly conduct – unlawful assembly – is a Class A misdemeanor. The penalty for that is up to 9 months in jail and a fine of up to $10,000. Judges can sentence you to jail or fines, or a combination of both.

Do You Need to Talk to a Lawyer About Juvenile Disorderly Conduct in Wisconsin?

If your child has been accused of disorderly conduct, we may be able to help your family. Call us at 414-383-6700 now to schedule a free consultation. We’ll ask you some questions about the case and determine the best course of action.

Carlos Gamino

By |2020-03-20T07:51:38-05:00April 15th, 2020|Juvenile Law|Comments Off on Juvenile Disorderly Conduct in Wisconsin

Public Urination Tickets

By Carlos Gamino

Public Urination Ticket - Carlos Gamino

If you’ve gotten a municipal ticket for public urination, you may be able to fight it – and that might be in your best interest. Municipal tickets can be expensive, and people will likely be able to see them on your record. Sometimes public urination isn’t “just a ticket,” though. Sometimes it falls under the crime of disorderly conduct, and the penalties for that can be serious.

Public Urination Tickets vs. Disorderly Conduct Crimes

Municipal tickets can be pretty serious. They’re handed out for things that violate municipal ordinances, such as not urinating in public. Disorderly conduct is a little different, though, and if you’re convicted, you could end up spending time in jail.

Disorderly Conduct

If you’ve been charged with disorderly conduct, you may want to talk to a lawyer as soon as possible. The law on disorderly conduct says the state can convict you of the crime if you fall into this category:

“Whoever, in a public or private space, engages in violent, abusive, indecent, profane, boisterous, unreasonably loud or otherwise disorderly conduct under circumstances in which the conduct tends to cause or provoke a disturbance.”

Disorderly conduct is a Class B misdemeanor, which means if you’re convicted, you’re looking at up to 90 days in jail and fines of up to $1,000. (Wouldn’t you rather get a municipal ticket?)

What to Do if You’ve Received a Public Urination Ticket or if You’ve Been Charged With Disorderly Conduct

If you’ve received a municipal ticket for public urination or you’ve been charged with disorderly conduct, you may want to talk to an attorney as soon as possible. Either situation can have long-lasting and far-reaching consequences, so legal guidance can be tremendously helpful. You can call us at 414-383-6700 to ask questions about how the law applies in your situation – we’ll be happy to give you a free consultation.

Attorney Carlos Gamino

By |2020-03-20T07:44:06-05:00April 10th, 2020|Criminal Law|Comments Off on Public Urination Tickets

Public Intoxication in Wisconsin

By Attorney Carlos Gamino

Public Intoxication in Wisconsin - Carlos Gamino

Is it illegal to be drunk in public? Kind-of. It’s not technically a crime listed in Wisconsin’s statutes, but you can be arrested for public intoxication – and you can face criminal charges. Here’s what you need to know.

Public Intoxication in Wisconsin

While no crime exists for public intoxication, the police can pick you up and take you into custody. If that happens, the police can hold on to you until they can transfer you to a treatment facility (either for medical treatment or rehabilitation). The state an also commit you to emergency treatment if you’ve threatened harm to yourself or others, or if you’re too incapacitated to enter voluntary treatment.

Municipal Ordinances About Public Intoxication

Some municipalities have ordinances that relate to public intoxication. Every municipality is different, though, which means there will be different penalties if you’re cited. You may have to pay fines, attend mandatory alcohol education, or complete counseling.

Disorderly Conduct and Public Intoxication

Although you won’t be in trouble for being intoxicated in public, you can face criminal charges for the things you do while you’re drunk in public. You can be charged with a crime if you do something like:

  • Fight
  • Cause a disturbance
  • Engage in loud, boisterous conduct

Disorderly conduct is a Class B misdemeanor, which means if you’re convicted, you’re looking at up to 90 days in jail and fines of up to $1,000. A judge can sentence you to jail time, fines or a combination of the two.

Can You Defend Against Public Intoxication Charges in Wisconsin?

If you’re arrested for something related to public intoxication in Wisconsin, you may be able to say that you weren’t drunk at the time of the arrest, you weren’t in public (or the police ordered you out of a private place), or that the police violated your constitutional rights. For most people, the best course of action is to talk to a criminal defense attorney.

Call us at 414-383-6700 to talk about your case. We’ll answer your questions and start putting together a defense that gets you the best possible outcome.

Carlos Gamino

By |2020-03-20T07:38:07-05:00April 1st, 2020|Criminal Law|Comments Off on Public Intoxication in Wisconsin

Road Rage Charges: A Type of Disorderly Conduct in Wisconsin

Disorderly Conduct and Road Rage Charges in Wisconsin - Carlos Gamino

By Carlos Gamino

A road rage incident can lead to disorderly conduct charges in Wisconsin – and it happens every day on our roadways, from Milwaukee and Waukesha to Madison, Green Bay and La Crosse. Typically, road rage is defined as a type of extreme, aggressive anger between drivers that leads to an incident.

So what happens if you get road rage charges? Here’s what you need to know.

Road Rage Charges: A Type of Disorderly Conduct in Wisconsin

Disorderly conduct is a crime in Wisconsin, and many people call it a “catch-all.” That’s because virtually anything a person does that disturbs the peace can count as disorderly conduct.

The law defines it this way: “Whoever, in a public or private place, engages in violent, abusive, indecent, profane, boisterous, unreasonably loud or otherwise disorderly conduct under circumstances in which the conduct tends to cause or provoke a disturbance is guilty of a Class B misdemeanor.”

Related: Can you be charged with disorderly conduct for fighting?

That means you don’t even have to get into a fight, cause any damage or harm, or get into a car accident to be charged with disorderly conduct as it relates to a road rage incident. Essentially, you can get road rage charges in Wisconsin for things like:

  • Yelling
  • Verbally insulting someone
  • Making rude or insulting gestures
  • Threatening violence
  • Trying to intimidate another driver
  • Having a physical confrontation with another driver
  • Performing aggressive driving maneuvers (like tailgating, swerving in and out of traffic, and blocking other drivers)

Keep in mind that if you get into a physical confrontation with another driver, you can be charged with a battery offense on top of disorderly conduct. Each comes with its own penalties

Do You Need to Talk to a Lawyer About Road Rage Charges?

Road rage charges can be serious, so it may be a good idea for you to call an attorney. We’re available at 414-383-6700 – just call now for your free consultation.

Carlos Gamino

By |2020-02-16T13:05:41-06:00March 22nd, 2020|Criminal Law, Traffic Offenses|Comments Off on Road Rage Charges: A Type of Disorderly Conduct in Wisconsin

Charged With Disorderly Conduct for Fighting?

By Attorney Carlos Gamino

Disorderly Conduct for Fighting – Attorney Carlos Gamino
Drunk people are fighting in a pub.

Disorderly conduct is a very common charge in Wisconsin. It’s not always confined to larger cities like Milwaukee and Waukesha, either – it happens in every small town in the state.

But what happens if you’re charged with disorderly conduct for fighting in Wisconsin? Can you fight the charges, will you go to jail, and do you have to pay fines? Here’s what you need to know.

What Happens if You’re Charged With Disorderly Conduct for Fighting?

Usually, disorderly conduct for fighting (or for any other reason) is a Class B misdemeanor. It’s typically punishable by up to 90 days in jail and a $1,000 fine – but when you’re charged with disorderly conduct in conjunction with another crime, such as being a felon in possession of a firearm, committing a property crime or trespassing, you’ll face additional criminal penalties.

Related: Does my child need a lawyer?

Disorderly Conduct and Fighting

Wisconsin law defines disorderly conduct this way: “Whoever, in a public or private place, engages in violent, abusive, indecent, profane, boisterous, unreasonably loud or otherwise disorderly conduct under circumstances in which the conduct tends to cause or provoke a disturbance is guilty of a Class B misdemeanor.”

That means even if you don’t get into a big physical altercation (such as when you and another person simply get into a pushing match – or, in some cases, even a shouting match), the state can charge you with and convict you of disorderly conduct for fighting.

Related: Is it a crime to get into a bar fight?

What to Do if You’re Arrested for Disorderly Conduct

If you’re arrested for disorderly conduct, or if someone you care about is sitting in jail right now, it’s probably a good idea to get in touch with a disorderly conduct attorney who can help.

What About Wisconsin Uniform Misdemeanor Citations?

Sometimes police give out Wisconsin Uniform Misdemeanor Citations. They seem like ordinary tickets, but they’re not. They’re actually a notification that you’ve been charged with a crime, and you’ll need to appear in court on the date listed on the citation. If you don’t show up in court, the judge overseeing your case will issue a warrant for your arrest.

We may be able to help you if you were charged with disorderly conduct for fighting. Call us as soon as you can – we’re at 414-383-6700. We’ll ask you questions about your situation (and we’ll answer your questions), and if we decide to work together, our team will develop a strategy that gets you the best possible outcome.

Attorney Carlos Gamino

By |2020-02-16T13:23:51-06:00January 16th, 2020|Criminal Law|Comments Off on Charged With Disorderly Conduct for Fighting?

I Got Into a Fight at a Bar – Am I Going to Prison

I Got Into a Fight at a Bar - Am I Going to Prison - Criminal Defense Lawyer

This guest post by Carlos Gamino, a former Wisconsin criminal defense attorney with our firm, addresses some of the most common assault and battery charges we see in our offices.

I can’t even count the number of times someone has called me and said, “I got into a fight at a bar. Am I going to prison?” Usually, I tell the person to relax and give me some details. Every case is different, and what happened in your situation may be completely different from anything you’ve ever seen on television, heard from a friend-of-a-friend, or read about on the Internet.

Your criminal defense lawyer needs all of the details so he can provide you with the best possible representation, so even if you’re in the Milwaukee County Jail awaiting arraignment, you need to have an in-depth conversation with him.

What Your Criminal Defense Attorney Needs to Know

Your lawyer is going to ask you many questions. He’ll want to know about the circumstances leading up to the incident, exactly what happened during the incident, and whether you were arrested and brought to jail right away. He’ll also want to know whether you’ve already spoken to police investigators (if you haven’t, don’t – we’ll get into that later) and if you have, what you’ve told them. Finally, he’ll need to know what charges you’re facing.

Your attorney might come to the jail to have this conversation with you; if you’ve already been released after posting bail, you might have the meeting in a more relaxed setting.

What Your Attorney Can Do for You

No matter when you call your lawyer, he’ll be able to give you short-term and long-term advice. In most cases, even if you’re innocent, he’ll advise you not to talk to police without his presence. That’s because when the police tell you that anything you say can be used against you in court, they really mean it – they’re looking for a confession that you’re the guilty party, and one misunderstood statement can land you in jail.

It’s important to get in touch with a Milwaukee criminal defense lawyer as soon as possible after your arrest. He’ll be able to start protecting your rights (and make sure that everything the police have done up to this point has been legal) as soon as you choose to work with him.

Are you going to prison? Every case is different, but with a hard-fighting, aggressive attorney in your corner, you have a chance at the best possible outcome.

By |2019-11-18T22:47:01-06:00November 18th, 2019|Criminal Law|Comments Off on I Got Into a Fight at a Bar – Am I Going to Prison

Disorderly Conduct in Wisconsin

By Carlos Gamino

Disorderly Conduct in Wisconsin - Attorney Carlos Gamino

Disorderly conduct is a crime in Wisconsin, but it’s a broad-ranging one. Unfortunately, there’s a wide range of actions that can fall under the law – so when most people are charged with this type of crime, they turn to a disorderly conduct defense attorney for help.

Disorderly Conduct in Wisconsin: What the Law Says

The law says, “Whoever, in a public or private place, engages in violent, abusive, profane, boisterous, unreasonably loud or otherwise disorderly conduct under circumstances in which the conduct tends to cause or provoke a disturbance.”

That means nearly any type of conduct can count as “disorderly,” and it also means that you may need a skilled defense attorney on your side.

Penalties for Disorderly Conduct in Milwaukee (and Elsewhere in Wisconsin)

If the court convicts you of disorderly conduct, you’re looking at a Class B misdemeanor. And while some people believe that a misdemeanor isn’t that serious, consider this: Once you’re convicted of a crime, it stays on your criminal record forever (unless you’re eligible for criminal record expungement). When you fill out job applications or rental applications, and even sometimes when you apply for credit, you must say that you’ve been convicted of a crime.

The penalties can be serious, too. If you’re convicted of disorderly conduct, you could spend up to 90 days in jail. The judge can also sentence you to pay fines of up to $1,000, even if you’ll be in jail for 90 days and won’t be able to work to earn money.

Do You Need to Talk to an Attorney About Disorderly Conduct in Wisconsin?

Because disorderly conduct is such a broadly defined term, it could apply to just about any type of behavior. For many people, the best course of action is to call a Milwaukee criminal defense attorney for help. You can call us at 414-383-6700 or get in touch with us online to schedule a free consultation as soon as you can.

Carlos Gamino

By |2021-05-17T22:21:07-05:00August 24th, 2019|Criminal Law|Comments Off on Disorderly Conduct in Wisconsin