Disorderly Conduct Misdemeanor Crimes in Georgia

By: Disorderly Conduct Attorney Larry Kohn, Partner in Our Legal Firm and Highly Rated Criminal Defense Lawyer Near Me

Both "breach of the peace" and modern disorderly conduct laws target behaviors that significantly disrupt the peace and “good order” of a community. The crime of affray is similar but requires that a fight be going on in a public place that is disrupting public tranquility (e.g., at an Atlanta Braves baseball game, between fans).

In this article, the two letters “DC” will be occasionally used to not respectively use “disorderly conduct.” This will shorten the length of this article, too.

Is Disorderly Conduct a Felony? Georgia law has no felony-level crime for DC. Georgia has never had a felony disorderly conduct law.

In the State of Georgia, there is no specific crime called "disturbing the peace." However, the most similar criminal charges are for "disorderly conduct" or for “affray.” Either of these misdemeanor crimes will be identifiable by different types of behaviors that disrupt public order and tranquility.

However, when a public brawl-type situation has escalated beyond a mere scuffle or involves disruptive and rude (or lewd) verbal exchange in front of minor children, other felony crimes may be initiated by police or a Prosecutor’s office.

No mere remnant of the past, the statute was enacted in Georgia in 1968. A few years after the enactment of the law, its constitutionality was tested in the case of Breaux v. State, 230 Ga. 506 (1973), where the Georgia Supreme Court upheld the statute’s constitutionality.

In the Breaux case, an eleven-year-old girl walked up to a car that had stopped in her neighborhood. “Have you ever been laid?” the driver asked. That driver was later identified and arrested, and ultimately was convicted, getting a 12-month jail sentence.

The court ruled the words lacked constitutional protection and that they had no social value. Nor was the statute’s description of “obscene and vulgar or profane” too vague for Georgia’s highest court. The statute simply bans opprobrious language that “would clearly offend a reasonable person’s sense of decency.”

The court did not consider whether the legislature could have achieved its purpose, with fewer constitutional hazards, by directly banning sexual advances rather than by broadly proscribing filthy language. Breaux’s one-year jail sentence stands.

The crime of disorderly conduct grew out of the common law crime of "breach of the peace" which criminalized activities that disturbed the tranquility of the local citizenry; specifically, the concept of "affray," which refers to a disruptive fight in a public place that would tend to frighten onlookers. 

In the state of Georgia, disorderly conduct GA is classified as a misdemeanor crime. The penalties and long-term consequences of a conviction for this crime can be significant, if a potential employer sees this type of crime on your criminal history.

Partner Cory Yager, an ex-police officer for a total of almost 10 years, can also help you with disorderly conduct misdemeanors. This type of criminal case justified a lawyer for disorderly conduct charge due to how it could negatively impact future job or educational opportunities.

Disorderly conduct is a misdemeanor in Georgia, not a felony. The wording of the statute does not outline any minimum, mandatory penalties like come statutes (e.g., DUI) set forth under GA laws.

The consequences of a disorderly conduct Georgia conviction may include:

• Fines up to $1,000;
• Imprisonment for up to 12 months;
• Probation for up to twelve months, with credit given for any days served in jail;
• Community service;
• The possible imposition of mandatory counseling or educational programs

Disorderly conduct is defined under Georgia law and is described as "offenses against public order and safety". This charge is often used to penalize behavior in public areas that disturbs “the peace,” threatens to disrupt public life, or for publicly yelling or talking about things that are considered obnoxious and disruptive.

A disorderly conduct charge in GA can include several fact patterns or actions by a perpetrator:

1. Acting violently or tumultuously towards another person, thereby causing fear for their safety.
2. Behaving violently or tumultuously, endangering another person's property.
3. Using "fighting words" or abusive language that could incite an immediate breach of peace.
4. Using obscene, vulgar, or profane language in the presence of a person under 14 years old.

While "disturbing the peace" is not a specific crime in Georgia, the concept is incorporated into the broader offense of disorderly conduct. Actions that would typically be considered "disturbing the peace" in other states are often prosecuted under Georgia's disorderly conduct statute. Disorderly conduct is defined under Georgia law O.C.G.A. § 16-11-39 and is described as "offenses against public order and safety"

Be aware that several municipalities’ local laws in GA do have ordinances criminalizing "disturbing the peace." For instance, Henry County GA local law prohibits disruptive behavior. Such state-level actions will constitute the crime of DC, though.

Any person who has an important job or type of employment that would look askance at such a crime would be wise to fight to have this charge dismissed or at least reduced. To learn more about your need to retain a disorderly conduct lawyer, take advantage of our Firm’s FREE lawyer consultation.

Dial our 24-hour number, 404-567-5515, to go over your case facts and learn what our criminal attorneys near me might be able to do for you. Since the call and advice are FREE, what are you waiting for?