Disorderly Conduct

Article 240 of the NYS Penal Law defines Offenses Against the Public Order. Disorderly Conduct is a violation and not a crime. It is frequently used for purposes of disposition in a criminal matter to avoid the stigma of a criminal conviction.

Stanford Bandelli’s background as a former prosecutor and experience as a criminal defense attorney will place you in the best position to
defend yourself against a charge of Disorderly Conduct or to downgrade your case to a violation if charged with a more serious crime.

§ 240.20 Disorderly conduct. A person is guilty of disorderly conduct when, with intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof:

1. He engages in fighting or in violent, tumultuous or threatening behavior; or
2. He makes unreasonable noise; or
3. In a public place, he uses abusive or obscene language, or makes an obscene gesture; or
4. Without lawful authority, he disturbs any lawful assembly; or meeting of persons; or
5. He obstructs vehicular or pedestrian traffic; or
6. He congregates with other persons in a public place and refuses to comply with a lawful order of the police to disperse; or
7. He creates a hazardous or physically offensive condition by any act which serves no legitimate purpose.

Disorderly conduct is a violation.