Virginia Disorderly Conduct Lawyer

VIRGINIA DISORDERLY CONDUCT LAWYER

The Commonwealth of Virginia is a vacation spot and many tourists visit the place to unwind. The tourists often get into legal trouble due to disorderly conduct or breach of peace in the beach or places of public attraction.

In the State of Virginia, the breach of peace offense falls into three types:

  • Acting violently with a person in the street, building, or public area.
  • Instigating violence in a public gathering, interrupting a government meeting while drunk, or disrupting a funeral service. Any of this can land you in trouble if you have breached the peaceful gathering. Even shouting slogans with an intent to instigate violence also tantamount to a breach of peace.
  • Intruding in a school activity like disturbing the students while on the playground, or luring students into violence are some of the acts of breach of peace.

If you are found to be disturbing the peace in a locality for none of the above reasons, the police still have grounds to arrest you for breach of peace for using abusive language against another individual. This may appear to be an extreme step for those new to Virginia. In this state, even cursing in public could lead to a misdemeanor charge. Contact disorderly conduct lawyer Virginia at the Law Offices of SRIS, P.C. if you are involved in any of the above offenses.

The disorderly conduct lawyer Virginia can challenge the charges based on whether it is a calculated attempt to breach of peace. If you are accused of being drunk and disturbing peace in a locality, it is best to leave it to an experienced disorderly conduct lawyer Virginia.

Lawyer explains the elements of disorderly conduct

In Virginia, anyone disturbing the peace by disorderly conduct is easily charged under the law but what makes it challenging is how the prosecution is going to prove it. This is where the Virginia disorderly lawyer comes into play. The Law Offices of SRIS, P.C. has immense experience in the field and the lawyers here works out the best possible defense to set your free. When accusing a person of the offense, the intent of causing a public nuisance, alarm, recklessness, or engaging in acts causing disturbance to the public has to be proved.

A public nuisance or disorderly conduct is caused when the situation gets out of hand and during these circumstances, the police choose breach of the peace as a tool to charge the offenders. It becomes tough for the police and the prosecution to prove the intent of the offense. The offense is punishable under Class 1 misdemeanor and is not pre-payable and there is no scope for expungement once convicted. It could be a deterrent while searching for a house on rent or job or loan or admission in university or other educational institutions.

Section 18.2-415 of the VA Code defines disorderly conduct as the behavior that causes public inconvenience, annoyance, alarm, or creates a risk for people. The definition of disorderly conduct and the activities included in the same differs in different states. But broadly any act that threatens or leads to disruption of peace in a public place is called disorderly conduct.

Breach of peace includes acts of violence in any street, highway, or public buildings, being intoxicated, disrupting a memorial service, funeral, or a meeting of governing body of any governmental subdivision or school. Rather the charges of breach of peace include all such acts that are unruly, or rude.

The charges a disorderly conduct lawyer can fight against

The following acts are included in breach of peace:

  • Soliciting or engaging in prostitution
  • Begging for alms
  • Fighting in a public place
  • Rioting
  • Disturbing the peace of schools
  • Congregation of two or more people that refuses to disperse
  • Disturbing the peace of others either by loud noises or by use of offensive words
  • The charges of breach of the peace are more often than not are also levied on protestors, especially if their protests have turned out to be anything but peaceful.
  • Intoxication in public places

An initial penalty for any act of breach of the peace may invite a fine of up to $1000 or a jail term of 6 months. Subsequent charges of breach of peace attract a maximum fine of $2500 and/or a maximum jail term of 12 months. At several places, the local communities lay down their statutes regarding breach of peace. The penalties from such local bodies are lesser in severity and come under the ambit of Class 2 and 4 Misdemeanor. It is important that the defendant’s lawyer also checks whether such local statutes apply to their clients.

How can a Virginia disorderly conduct lawyer help?

If somebody has been charged with disorderly conduct then nobody other than a Virginia lawyer can help in the matter. This is because only the Virginia Disorderly Conduct lawyer understands and knows all the laws regarding the offense and the ways to deal with the charges so that their clients get minimum punishment in the case. Hiring a Virginia Disorderly Conduct lawyer for all such cases of misconduct is extremely imperative. Even if the amount of fines levied on a defendant is meager then too the services of Virginia Disorderly Conduct lawyer always go a long way in helping him/her in further minimizing the penalty.

In several of the instances, innocent people have been charged with breach of peace offense especially if they happened to be at the scene, for example, protests, even though they may have nothing to do with it. In instances like these, it is all the more important to seek the help of Virginia Disorderly Conduct lawyer. Only a Virginia Disorderly Conduct lawyer can help people who have been rounded up only because they have happened to be at the wrong place at the wrong time.

Why is it important to hire a Virginia disorderly conduct lawyer?

To a few people facing charges of disorderly conduct, hiring a Virginia lawyer may seem unnecessary. But they, in the process of saving a few bucks, may end up paying a much higher penalty. Breach of peace charges come under the ambit of Class 1 Misdemeanor. As a result, any such charge not only may invite a monetary penalty and/or a jail term but an indelible mark on the accused’s character as well. One may find it easier to pay the penalty in such cases and forget all about it, but the act of pleading guilty for the same may continue to tarnish the image for years to come. Reputations are not built in a day and charges such as these may mar the efforts of an individual of several years. Therefore, is always advisable to go in for a Virginia Disorderly Conduct lawyer rather than deciding to cut short the entire process.

Virginia has one of the strictest laws pertaining to every kind of offense in the United States. Keeping this fact in mind, it is all the more important to hire a Virginia Disorderly Conduct lawyer. In some of the instances, few people and especially if they are innocent, may not know that they have been charged with a breach of peace offense until they receive the notice. Such charges are not only extremely distressing but actually may send innocent people to jail too. An adept Virginia Disorderly Conduct lawyer not only helps the clients deal with the charges most appropriately but also helps them with added confidence that is so required while fighting the case.

Hiring a Virginia Disorderly Conduct lawyer is also important to protect the rights of the people. In cases wherein mobs are involved, at times the real culprits may make the escape whist the ax falls on innocent people. The judiciary endeavors to not punish the innocent. Therefore, to protect the rights of people under such circumstances, hiring a Virginia Disorderly Conduct lawyer is vital.

The services of Virginia Disorderly Conduct lawyer also come to be very useful in cases of intoxication wherein a person may have been arrested simply because he/she has been moving around intoxicated in a public place even though they would have neither entered into any fight nor would have harmed anybody. Though such cases are difficult to contest, yet expert Virginia Disorderly Conduct lawyer try their level best to wean out their clients out of such a legal mess.

If charged with breach of peace, the crime shows up in the records of the individual for some time, depending upon the seriousness of the breach of peace. Such an entry into the criminal records can be a big hurdle at the time of background checks or hunting for jobs or houses. For those who are not able to hire a lawyer, the court arranges for a public defender.

How does a Virginia disorderly conduct lawyer go about the charges?

Formulating a good defense strategy on the part of the lawyer is extremely crucial for winning any case. Once a person has been charged with disorderly conduct, there are only a few options available to his/her Virginia Disorderly Conduct lawyer to defend against the charges:

  • That the accused did not commit the act: It might be possible that a certain person had been present at the scene of breach of the peace at the given time but did not participate in the act. The Virginia Disorderly Conduct lawyer shall endeavor to prove that although the presence of the client cannot be denied at the place at the given time, yet it cannot be established that the same person was involved in the conduct.
  • That the person is innocent: Herein any Virginia Disorderly Conduct lawyer aims to prove with facts that the charges levied against their client are false since they were present somewhere else at the given time. If at all the accused was present at the given places at the given time, Virginia Disorderly Conduct lawyer can always prove with the help of evidence and witnesses that their client was not aware of the event and did not participate in the same. It has also happened that in several cases, a person has been charged with breach of peace by a complainant owing to preexisting anger or jealousy. Services of Virginia Disorderly Conduct lawyer become extremely crucial in such cases. Only an adept Virginia Disorderly Conduct lawyer can prove that the given complaint has been filed without any proof of the guilt of the defendants. Virginia Disorderly Conduct lawyer can also try to highlight the previous animosity between the two parties to prove the reason for filing such a complaint.
  • Has been unlawfully detained: In several instances and especially in cases wherein several people are picked up by police from a spot randomly, the Virginia Disorderly Conduct lawyer aims to prove that the police have unlawfully detained their client.
  • That the act did not contain violence: This especially holds for charges levied on people of peaceful protests. If charged for breach of peace for such an event, the Virginia Disorderly Conduct lawyer of the defendant can present facts to the court with evidence that the given protests did not contain any act of violence.
  • That the actions were not intentional: At times, some people can get charged for breach of peace in cases wherein though they may have committed the act but the same was not intentional. It is up to the Virginia Disorderly Conduct lawyer to prove that the defendant had committed the said act unintentionally.

How to choose the right Virginia disorderly conduct lawyer?

When hiring a Virginia Disorderly Conduct lawyer, one must choose the right one. Though there are a plethora of Virginia Disorderly Conduct lawyers practicing in Virginia and one can access their names and numbers online, it is important to understand that one does not mark up a Virginia Disorderly Conduct lawyer randomly. The Law Offices of SRIS, P.C. is a renowned name in the field and the lawyers here have handled several similar cases. The clients, happy with the work of the Virginia disorderly conduct lawyer, spread the message through word of mouth or testimonials creating awareness among the public. If you happen to know somebody who has had to hire a Virginia Disorderly Conduct lawyer at some point in time, this shall serve as the best reference. If you cannot find somebody like this, going through the testimonials of your chosen Virginia Disorderly Conduct lawyer would help you know a great deal about him/her. The number of cases that your chosen Virginia Disorderly Conduct lawyer has won for the clients and the cases whereby they have been able to mitigate the penalty shall also give you a sneak peek of their ability.

The challenges of Virginia disorderly conduct lawyer

It needs to be understood that every Virginia Disorderly Conduct lawyer faces a lot of difficulty in defending their clients in cases wherein their clients were present at the scene of the offense. It is extremely difficult for Virginia Disorderly Conduct lawyers to prove their client’s innocence especially in a chaos of a mob. For all such cases, the Virginia Disorderly Conduct lawyer has to prove with facts that although unfortunately present at the scene, the defendants have no history of any breach of peace and that they have been caught in the line of fire. Things are all the more difficult for Virginia Disorderly Conduct lawyers if their clients have been charged more than once for breach of peace. In instances like these, it is difficult even for the most seasoned Virginia Disorderly Conduct lawyer to prove their client’s innocence but the Law Offices of SRIS, P.C. has immense experience in the field to work out a strong defense to get the desired outcome.

Though Virginia does not make it mandatory for any accused of breach of peace to hire a Virginia Disorderly Conduct lawyer, the defendants need to engage a lawyer for positive results. Only a Virginia Disorderly Conduct lawyer has complete knowledge about all the laws pertaining to breach of peace. Further, an experienced Virginia Disorderly Conduct lawyer also has in-depth knowledge of the precedents set by the courts. Looking at the facts in the initial stages itself, any expert Virginia Disorderly Conduct lawyer shall be able to tell the defendant about his/her chances of getting convicted or fined in the given case and how far would the efforts of the Virginia Disorderly Conduct lawyer can go in relieving the accused of the charges.

The final word on Virginia disorderly conduct lawyer

The importance of a Virginia Disorderly Conduct lawyer cannot be understated especially in cases wherein one has faced the heat for having been caught in a protest or for being charged although being innocent. At times, police might use the breach of peace charge to silence the voice of protestors, in complete violation of the fundamental right of freedom of speech. Only a skilled Virginia Disorderly Conduct lawyer can protect the rights of people in such circumstances.

It goes without mention that hiring a lawyer is imperative for those facing the charges of breach of peace especially because such a charge comprises several elements that are beyond the understanding of a layman.

Courts We Cover in Virginia

Accomack Albemarle Amelia Arlington County Brunswick Buckingham Caroline Charles City Chesterfield County Clarke Culpeper Cumberland Dinwiddie Essex Fairfax County Fairfax City Fauquier Fluvanna Frederick Gloucester Goochland Greene Greensville Hanover County Henrico County Isle of Wight James City King and Queen King George King William Lancaster Loudoun County Louisa Lunenburg Madison Mathews Mecklenburg Middlesex New Kent Northampton Northumberland Nottoway Orange Page Powhatan Prince Edward Prince George Prince William County Rappahannock Richmond Rockingham Shenandoah Southampton Spotsylvania Stafford Surry Sussex Warren Westmoreland York Accomac Charlottesville Lawrenceville Bowling Green Charles City Berryville Tappahannock Warrenton Palmyra Winchester Stanardsville Emporia Williamsburg Leesburg Boydton Saluda Eastville Heathsville Luray Farmville Manassas Washington Warsaw Harrisonburg Woodstock Courtland Front Royal Montross Alexandria Charlottesville Chesapeake Colonial Heights Emporia Herndon Vienna Falls Church Franklin Fredericksburg Hampton Hopewell Manassas Park Newport News Norfolk Petersburg Poquoson Portsmouth Suffolk Virginia Beach

Courts We Cover in Virginia

Allegany, Anne Arundel, Baltimore County, Baltimore City, Calvert, Caroline, Carroll, Cecil, Charles, Dorchester, Frederick, Garrett, Harford, Howard, Kent, Montgomery, Prince George’s, Queen Anne’s, Saint Mary’s, Somerset, Talbot, Washington, Wicomico, Worcester, Cumberland, Annapolis, Towson, Prince Frederick, Denton, Westminster, Elkton, La Plata, Cambridge, Frederick, Oakland, Bel Air, Ellicott City, Chestertown, Rockville, Upper Marlboro, Centreville, Leonardtown, Princess Anne, Easton, Hagerstown, Salisbury, Snow Hill.