Disorderly Conduct, C.R.S. 18-9-106, is often charged when a person uses “obviously offensive” language or gestures in a public setting. Often, people question whether Disorderly Conduct can be charged for acts like these, given that the First Amendment generally protects freedom of speech. However, the answer is usually “no” – speech that results in Disorderly Conduct charges is usually not protected by the 1st Amendment. Keep reading as our top criminal defense lawyers discuss the reasons why:
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Blog Navigation: Colorado’s Law on Disorderly Conduct, C.R.S. 18-9-106 Is Disorderly Conduct a Violation of First Amendment Rights in Larimer County? |
Colorado’s Law on Disorderly Conduct, C.R.S. 18-9-106
Colorado’s law on Disorderly Conduct, C.R.S. 18-9-106, as it relates to speech, is as follows:
(a) Makes a coarse and obviously offensive utterance, gesture, or display in a public place and the utterance, gesture, or display tends to incite an immediate breach of the peace.
This subsection of Disorderly Conduct is specifically charged when a person uses obscene words or gestures in a way that disturbs the peace.
Is Disorderly Conduct a Violation of First Amendment Rights in Larimer County?
People often ask if Disorderly Conduct charges – particularly when charged under subsection (1) (a) – violate their First Amendment rights to free speech in Larimer County. Generally, the answer is no. In Chaplinsky v. New Hampshire, the U.S. Supreme Court ruled that “fighting words” – speech likely to result in a fight or breach of public peace – are not protected under the First Amendment. However, a top criminal defense lawyer can use this to your advantage, depending on the specifics of your case. If your speech did not constitute “fighting words,” but you were arrested for Disorderly Conduct anyway, your lawyer could use this as a defense to your case.
Penalties for Disorderly Conduct in Loveland and Estes Park
In Loveland and Estes Park, Disorderly Conduct charged for obscene speech or gestures is a petty offense. This offense is punishable by a maximum of $300 and / or 10 days in the Larimer County Jail. However, depending on your case, a top criminal defense lawyer can help you get a sentencing alternative like probation instead. We may be able to even have the charges completely dropped. Don’t wait to contact us today to represent you at the Larimer County Courts and help you protect your future.
Have you been charged with Disorderly Conduct? Be smart, and exercise your right to stay silent. Then call 970-658-0007 to discuss your case with a top criminal defense lawyer from the O’Malley Law Office today. Together, we can protect your future.
The location for the Larimer County Courthouse is 201 Laporte Avenue, Fort Collins, Colorado. We’ll see you there!
Photo by Sora Shimazaki