Class B Misdemeanor

Disorderly conduct is a Class B misdemeanor offense subject to fines up to $500, a jail sentence of up to 30 days, or both.

Ordinance Violation

In some situations, a Class B misdemeanor offense can be negotiated down to an ordinance violation.

Repeat Offenders

Repeat offenders are subject to jail sentences of up to 2 years in addition to the above penalties.

Probation

In addition to the above penalties, a court may impose probation restraints, requirements, and a mandatory period of probation.

Diversionary Programs

In most situations, a person is unlikely to negotiate a diversionary program in lieu of jail time or fines without an attorney; however, the attorneys at Van Wagner & Wood often are able to do just that. Diversionary programs usually require a person to attend classes on a regular basis, and while they often include fines or other fees, the sentence for jail time is stayed (held off) pending responsible completion of the alternative sentencing provisions. If the defendant completes the alternative program and pays all fines and fees, the disorderly conduct charge can be stricken from their criminal record as though it had never existed. This is not an expungement. In an expungement, an offense is already on the person's record and they seek to have it removed (expunged). However, diversionary programs prevent the offense from ever appearing on the person's record so long as all conditions of the program are met.

Recommended Arrest

If police either become aware of a heated domestic argument or are called to the scene of one, one or more persons will almost always be arrested. Local police form customary and usual rules about domestic violence and how to handle such incidents in their jurisdiction. In most jurisdictions, police follow a mandatory arrest policy for all disorderly or domestic abuse police calls.

Mandatory Arrest

Wisconsin law provides that an arrest MUST be made whenever a police officer is at the scene of a domestic disturbance and circumstances warrant the removal of at least one of the parties. Some of the circumstances that lead to arrest are listed below.

• The officer has reason to believe that one of the parties is committing or has committed domestic abuse and the abuse constitutes criminal action; and
• Either the officer has reason to believe that the domestic abuse is likely to continue, or there is evidence of physical injury to the alleged victim.
• Additionally, if an officer receives a report of domestic abuse that includes intentional infliction of physical pain, physical injury, or illness within 28 days of the date that such abuse occurred, the officer is required to arrest the alleged abuser.

Disorderly Conduct - Frequently Charged Crime

According to the Justice Department's reports for 2004, disorderly conduct and related charges of battery, domestic abuse, criminal harassment and knowingly violating a domestic abuse order or a restraining order were filed more frequently than the combination of theft, property, trespass, bail jumping, intimidating a victim and resisting or obstructing an officer crimes.

Free Initial Attorney Consultation - Disorderly Conduct Charges

If you have been arrested for a disorderly conduct offense, please call (1-866-262-4599) the attorneys at Van Wagner & Wood right away for a free initial consultation.

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