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Disorderly Conduct in New York

How disorderly conduct is charged in New York, whether it is a misdemeanor or felony, and the maximum penalties, from the state criminal code.

Short answer: Disorderly conduct covers, with intent to cause public inconvenience, annoyance or alarm or recklessly creating a risk of it: fighting or violent, tumultuous or threatening behavior; unreasonable noise; N.Y. Penal Law §§ 240.20, 70.15(4), 80.05(4)

Disorderly conductDisorderly conduct covers, with intent to cause public inconvenience, annoyance or alarm or recklessly creating a risk of it: fighting or violent, tumultuous or threatening behavior; unreasonable noise; abusive or obscene language or an obscene gesture in a public place; disturbing a lawful assembly or meeting; obstructing vehicle or pedestrian traffic; congregating with others in public and refusing a lawful police order to disperse; or creating a hazardous or physically offensive condition by an act serving no legitimate purpose. 'Disorderly conduct is a violation' — not a crime — punishable by up to 15 days in jail and a fine up to $250.

More New York criminal law

FAQ

What is a disorderly conduct charge in New York?
Disorderly conduct covers, with intent to cause public inconvenience, annoyance or alarm or recklessly creating a risk of it: fighting or violent, tumultuous or threatening behavior; unreasonable noise; abusive or obscene language or an obscene gesture in a public place; disturbing a lawful assembly or meeting; obstructing vehicle or pedestrian traffic; congregating with others in public and refusing a lawful police order to disperse; or creating a hazardous or physically offensive condition by an act serving no legitimate purpose. 'Disorderly conduct is a violation' — not a crime — punishable by up to 15 days in jail and a fine up to $250.
Can I get a court-appointed lawyer for disorderly conduct in New York?
New York's rule on court-appointed lawyers: Each county (and New York City) must operate a plan for providing counsel to persons charged with a crime who are financially unable to obtain counsel, through a public defender, a legal aid bureau or society, a bar association assigned-counsel plan or conflict defender, or a combination (County Law § 722). Judges decide eligibility; providers often screen applicants and make recommendations. Under the statewide eligibility standards of the Office of Indigent Legal Services (issued under Executive Law § 832), income at or below 250% of the Federal Poverty Guidelines is one of four presumptions of eligibility, an applicant who is incarcerated, detained or confined to a mental health institution is presumptively eligible, and applicants above the income line are not automatically denied. ILS publishes an Assigned Counsel Eligibility Application Form. N.Y. County Law § 722; Executive Law § 832; ILS Eligibility Standards
What happens after an arrest for disorderly conduct in New York?
How release before trial works in New York: The court issues a securing order after making an individualized determination about the risk that the principal will not return to court, and must explain its choice on the record or in writing. The court shall release the principal pending trial on the principal's own recognizance, unless it finds that release will not reasonably assure the principal's return to court; the court must consider the kind and degree of control or restriction necessary to reasonably assure the principal's return to court. Monetary bail or remand is available only for a 'qualifying offense' listed in § 510.10(4) (for example, any crime alleged to have caused the death of another person); for a qualifying offense the court may release on recognizance or non-monetary conditions, fix bail, or (for a felony) commit the principal to the sheriff. When monetary bail is authorized, the court must consider the principal's individual financial circumstances. If the principal is financially unable to obtain counsel, counsel shall be assigned. N.Y. Crim. Proc. Law § 510.10 What happens after an arrest.
Can a conviction for disorderly conduct be removed from my record in New York?
Each state sets its own rules for sealing or expunging records. See New York expungement and record sealing rules.

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.