Disorderly Conduct

Quick summary: Under Florida Statute § 877.03, “disorderly conduct” (or “breach of the peace”) is a broad misdemeanor charge. It can include fighting, loud or lewd behavior, or acts that disturb public order. The maximum penalties are up to 60 days in jail and a $500 fine. Many cases can be resolved without a conviction (dismissal, diversion, or withhold). If eligible, we’ll help you seal or expunge your record.

What Is Disorderly Conduct in Florida?

Florida law defines disorderly conduct (also called breach of the peace) in broad terms. The statute says a person who “corrupts public morals, outrages public decency, affects the peace and quiet of persons who may witness them, or engages in brawling or fighting” commits the offense (§ 877.03).

Because of the statute’s vagueness, context matters: time, place, intensity, witnesses, and how others perceived the conduct. Two people could act similarly and only one be arrested or charged.

Common Examples

Scenarios that often lead to disorderly conduct charges include:

Loud verbal arguments in public areas (streets, restaurants, parks) that disturb others.
Physical altercations or shoving matches in public or semi-public places.
Extremely loud music in shared spaces that disturbs nearby people.
Obscene, profane, or threatening language toward bystanders or law enforcement that provokes a reaction.
Blocking traffic, refusing a lawful dispersal order, or obstructing access to a business or street.
Acts of public nudity/indecent exposure that “outrage public decency.”
Incidents on the premises of a licensed establishment (e.g., bar, club, hotel) where operators and police have special authority to detain/arrest for disorderly conduct under § 509.143.

“Disruptive” or annoying behavior alone isn’t always enough. The State must show a true breach of the peace or public decency violation.

Penalties & Consequences

Offense Level	Maximum Penalties	Collateral Consequences
Second-Degree Misdemeanor (§ 877.03)	Up to 60 days jail, up to 6 months probation, and up to a $500 fine.	Background checks; school/volunteer limits; professional/licensing issues; immigration and housing/employment screening.

Even “minor” misdemeanors can have big consequences. We work to avoid convictions and protect your record whenever possible.

Typical Bond & Release

In many counties, disorderly conduct appears on the misdemeanor bond schedule, so bond is often in the low hundreds of dollars (varies by county and history). If the amount is excessive, we can move for a reduction or alternative release conditions. Learn more:

Bond Hearing Help
Bail Bond Lawyer
What Is a Nebbia Hold?

What Can Happen: Possible Case Outcomes

No two cases are identical, but here are typical paths we aim for (and frequently achieve):

Pre-filing declination — persuading prosecutors to no-file before charges.
Dismissal — via legal defenses, witness issues, or successful motion practice.
Reduction — to a lesser offense or civil infraction when appropriate.
Withhold of adjudication — no formal conviction, often preserving sealing eligibility.
Not guilty — acquittal at trial where facts and law support it.

Key Legal Defenses We Use

First Amendment / speech protections — when charges rest on words rather than conduct.
Lack of breach of peace — no disturbance to onlookers; no fighting/brawling.
Unlawful stop/arrest — lack of probable cause; suppression of illegally obtained evidence.
Self-defense / defense of others — where force was justified.
Witness credibility — body-cam/surveillance review and cross-examination.

Sealing & Expungement: Clearing Your Record

If your case ends favorably, you may qualify to seal or expunge your criminal record. Generally:

Dismissed/no-filed cases are often eligible for expungement.
Cases with a withhold of adjudication may be eligible for sealing.
Step 1 is obtaining an FDLE Certificate of Eligibility (FDLE Seal & Expunge).

Even after an order is granted, certain agencies can still access sealed/expunged records, and some private databases may retain old public data. We’ll guide you through each step.

How to Seal or Expunge (Fighter Law Guide)
Seal vs. Expunge (Explainer)

What To Do If You or a Loved One Is Charged

Talk to an experienced criminal defense attorney immediately.
Avoid recorded statements or video/audio interviews without counsel.
Preserve evidence (videos, photos, eyewitness info, social posts, phone footage).
Attend every court date to avoid warrants or bond revocation.
Have your lawyer negotiate early for dismissal, reduction, or diversion.
Plan ahead for sealing/expungement if the result is favorable.

Why Choose Fighter Law to Defend Your Case?

Board-Certified trial leadership with daily local-court experience.
Fast action on bond, discovery, motions, diversion applications.
Outcome-focused strategy to avoid convictions and protect your record.

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Frequently Asked Questions (FAQs)

Is “disorderly conduct” the same as “disorderly intoxication”?

No. Disorderly intoxication is a separate offense under § 856.011 and requires proof of intoxication plus a public disturbance.

Will this stay on my record forever?

A conviction generally remains on your public record. If you qualify, we can pursue sealing or expungement to limit public access.

Can I avoid prosecution altogether?

Possibly. In favorable cases, we can sometimes persuade the State to decline charges before filing, or negotiate a no-file resolution—facts, jurisdiction, and timing are critical.

What if the police misinterpreted my behavior?

Many arrests are based on subjective judgments. We use body-cam, surveillance, and witness statements to challenge misinterpretations and unlawful arrests.

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