Connecticut General Statutes § 53a-182: Disorderly Conduct
Definition of Disorderly ConductDisorderly conduct is one of the most frequently charged crimes in Connecticut. C.G.S. § 53a-182 is often referred to as a “catch-all” statute because it covers a wide range of behaviors and gives police significant discretion to make an arrest.
The standard for what constitutes disorderly conduct is highly subjective, and many of our clients who have been charged with this offense feel they were unfairly targeted or misunderstood. Police often arrest first and let the courts sort it out later, especially in cases involving domestic disputes.
Disorderly conduct is closely related to breach of the peace in the second degree (C.G.S. § 53a-181), but there are key differences. Breach of the peace typically involves conduct in a public place, while disorderly conduct can occur anywhere, including your own home. This explains why disorderly conduct is the most commonly charged domestic violence offense in Connecticut—it is frequently used in arguments between couples or family members, even when no one was physically harmed.
Elements of the CrimeTo be convicted of disorderly conduct under Connecticut General Statutes § 53a-182, the state must prove beyond a reasonable doubt that you:
Acted with the intent to cause inconvenience, annoyance, or alarm, or recklessly created a risk thereof, and engaged in one of the following acts:
- Engaged in fighting or in violent, tumultuous, or threatening behavior.
- Annoyed or interfered with another person by offensive or disorderly conduct.
- Made unreasonable noise.
- Disturbed a lawful assembly or meeting without lawful authority.
- Obstructed vehicular or pedestrian traffic.
- Congregated with others in a public place and refused to comply with a reasonable official request to disperse.
- Trespassed on or refused to leave another person’s premises after being asked to do so.
Because many of these elements involve subjective judgment calls by police, this statute is often applied in an arbitrary and inconsistent manner.
Examples of Disorderly Conduct- Domestic Argument: A husband and wife have a loud argument at home. A neighbor calls 911. When police arrive, no one is injured, but the officers arrest the husband for disorderly conduct because they believe his yelling created a risk of harm.
- Public Disturbance: Two friends are loudly arguing in a parking lot. When they refuse to leave after a security officer asks them to disperse, both are charged with disorderly conduct.
- Refusing to Leave: A customer at a store becomes irate over a return policy and refuses to leave when asked by staff. Police arrive and arrest the customer for disorderly conduct.
These examples show how minor incidents can escalate into criminal charges.
Related OffensesDefenses to Disorderly ConductThere are numerous ways to defend against disorderly conduct charges, depending on the facts:
Lack of IntentThe prosecution must prove that you acted intentionally or recklessly. If your behavior was misunderstood or accidental, this can be a strong defense.
Constitutional ProtectionsSome conduct, such as speech, may be protected under the First Amendment. Arrests based solely on offensive language can often be challenged.
Self-DefenseIf your actions were taken to protect yourself or someone else, this is a valid defense under Connecticut law.
Insufficient EvidenceMany disorderly conduct cases rely on weak or one-sided accounts. Thorough cross-examination of witnesses often exposes these weaknesses.
Diversionary ProgramsFor first-time offenders, we frequently use Accelerated Rehabilitation (AR) or, in domestic violence cases, the Family Violence Education Program (FVEP) to secure a dismissal. Successful completion of these programs leaves you with no criminal record.
Penalties for Disorderly ConductDisorderly conduct is a Class C misdemeanor in Connecticut, punishable by:
- Up to 90 days in jail.
- A fine of up to $500.
- Probation and other court-imposed conditions.
When charged as a domestic violence offense, you may also face protective orders, mandatory counseling, and other collateral consequences that can affect employment, housing, and family relationships.
Frequently Asked Questions About Disorderly Conduct in ConnecticutQ: Is disorderly conduct considered a domestic violence offense in Connecticut?A: It can be. If the alleged conduct involves a family or household member, it will be treated as a domestic violence case, triggering next-day arraignment and possible protective orders.
Q: Will a disorderly conduct conviction stay on my record forever?A: Yes. A conviction creates a permanent criminal record accessible to employers, landlords, and others. This is why it is crucial to fight the charge or seek a dismissal through a diversionary program.
Q: Can I get my disorderly conduct charges dismissed?A: Many cases can be resolved without a conviction, especially for first-time offenders, by using programs like Accelerated Rehabilitation (AR) or Family Violence Education Program (FVEP), or by negotiating a nolle (drop) with the prosecutor.
Q: What happens at my first court date?A: In domestic cases, you will meet with Family Relations, and the judge may issue a protective order. In non-domestic cases, the court will take your plea and schedule pretrial hearings.
Q: Should I speak to the police to “explain my side” after being charged?A: No. Anything you say can be used against you. Always speak with an experienced criminal defense attorney first to avoid harming your case.
Call Stamford Disorderly Conduct Lawyer Allan F. FriedmanIf you have been charged with disorderly conduct under C.G.S. § 53a-182, you need experienced legal representation to protect your rights and your future. At the Law Offices of Allan F. Friedman, we have over 30 years of experience defending clients against disorderly conduct and domestic violence charges across Connecticut.
Contact us today for a free initial consultation. We are available 24/7 at (203) 357-5555, or you can reach us online for a prompt response.
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