Understanding Disorderly Conduct Charges After a Night Out in Myrtle Beach
Myrtle Beach is famous for its vibrant nightlife, bustling bars, and bustling entertainment scene. For many, a night out here is an opportunity to unwind and have fun. However, as the drinks flow and the energy rises, situations can sometimes escalate, leading to legal trouble. One common offense people find themselves facing after a night out is a disorderly conduct charge. This type of charge might seem trivial at first, but it can carry serious consequences if not handled properly.Understanding what disorderly conduct entails and how to protect your rights in such situations is essential. In this blog post, we’ll take a closer look at the law surrounding disorderly conduct charges in Myrtle Beach. We’ll explore what behaviors are considered disorderly, the potential consequences of these charges, and how a skilled attorney can help defend you against them.
What Is Disorderly Conduct?
Disorderly conduct is a legal term that refers to behavior that disturbs the peace or causes alarm to others in public spaces. While the definition may sound broad, it covers a wide range of actions that can result in criminal charges. In Myrtle Beach, where public spaces like the boardwalk, beaches, and downtown areas are bustling with tourists and locals alike, individuals can easily find themselves in situations where they are charged with disorderly conduct.In South Carolina, disorderly conduct generally includes actions such as fighting, making excessive noise, using obscene language, or resisting law enforcement. These behaviors must occur in public places and must have the potential to disrupt others’ ability to peacefully enjoy their surroundings. For example, a loud argument in a crowded bar or aggressive behavior on the street might lead to a disorderly conduct charge.It is important to note that not every instance of loud behavior or disagreement will result in a charge. Law enforcement will need to prove that the behavior significantly disturbed the peace. In some cases, individuals can be charged even if they were not directly involved in the disturbance but played a role in escalating the situation.
Legal Consequences of Disorderly Conduct in Myrtle Beach
Disorderly conduct may seem like a minor charge, but it can carry serious legal consequences. If convicted, individuals can face several penalties that may impact their criminal record and their future.
Fines and Court Fees
One of the most common penalties for disorderly conduct is a fine. The amount can vary depending on the circumstances surrounding the charge, but individuals can face fines ranging from a few hundred dollars to over $1,000. In addition to the fine, defendants may also be required to pay court fees, which can add to the financial burden.
Jail Time and Probation
In some cases, a disorderly conduct charge can result in jail time. While jail sentences for disorderly conduct are typically short, ranging from a few days to a few months, they can still have a lasting impact on a person’s life. In some instances, instead of jail time, a defendant may be sentenced to probation. During probation, the individual must regularly check in with a probation officer and comply with other conditions set by the court, such as attending counseling or performing community service.
Criminal Record
A conviction for disorderly conduct will appear on a person’s criminal record. This can have far-reaching consequences, affecting employment prospects, travel opportunities, and even eligibility for housing. Some employers, for instance, may be reluctant to hire individuals with a criminal history, particularly for positions that require a high level of trust or responsibility. Additionally, a criminal record can hinder your ability to obtain certain professional licenses or certifications.
Impact on Future Legal Matters
In addition to the immediate consequences, a disorderly conduct conviction may also impact future legal matters. For instance, if you are ever charged with another offense, such as a DUI or a violent crime, your previous disorderly conduct conviction may be taken into account when determining your sentencing. This could result in more severe penalties than if it were your first offense.
How to Defend Against Disorderly Conduct Charges
If you have been charged with disorderly conduct in Myrtle Beach, it is crucial to seek legal counsel. There are several potential defenses that a criminal defense lawyer may use to help you avoid a conviction. Some of these include:
First Amendment Rights and Free Speech
One common defense against disorderly conduct charges is asserting your First Amendment rights. The First Amendment protects free speech, and in many cases, individuals are within their rights to express themselves publicly. However, this right is not absolute. If your speech is deemed to incite violence or disturb the peace, it can be restricted. A lawyer may argue that your behavior was protected free speech and not disruptive enough to warrant a disorderly conduct charge.
Lack of Intent or Criminal Behavior
Another potential defense is arguing that there was no intent to disturb the peace or engage in criminal behavior. For example, if you were engaged in a heated but nonviolent conversation or simply speaking loudly, it may be possible to show that your actions were not intended to cause harm or disrupt others. In such cases, the prosecutor must prove that the behavior was intended to be disruptive, which can be difficult without clear evidence.
Excessive Force or Unlawful Arrest
In some cases, disorderly conduct charges may be challenged based on unlawful police conduct. If law enforcement used excessive force to arrest you or violated your rights during the arrest process, this could serve as grounds to dismiss the charges. A defense attorney may argue that the arrest itself was unlawful, thus invalidating the charges against you.
Mistaken Identity or False Accusations
It is also possible to defend against disorderly conduct charges by showing that you were wrongly accused or that there was a case of mistaken identity. In some situations, individuals may be charged with disorderly conduct based on the actions of others, or they may be wrongfully implicated in a disturbance they were not involved in. Your attorney may present evidence showing that you were not involved in the incident in question.
Why You Should Seek Legal Help
A disorderly conduct charge, though seemingly minor, can have serious consequences. It is essential to understand your rights and to seek the guidance of an experienced criminal defense attorney if you are facing such charges. A lawyer can carefully evaluate the circumstances of your case, help you explore possible defenses, and work to achieve the best possible outcome.If you are convicted of disorderly conduct, a skilled attorney may be able to negotiate for a reduced sentence or explore alternatives to jail time, such as community service or probation. Moreover, an attorney can help you understand the potential long-term consequences of the charge and how to mitigate its impact on your life.
Contact McCutchen Vaught Geddie & Hucks for Legal Assistance
If you have been charged with disorderly conduct in Myrtle Beach, it is important to contact a law firm with experience handling criminal defense cases. McCutchen Vaught Geddie & Hucks offers free consultations and can help you navigate the legal system to protect your rights.Their team of experienced criminal defense attorneys will work tirelessly to ensure that your case is handled with care and that your best interests are represented in court. Whether you need assistance defending against disorderly conduct charges or any other criminal offense, McCutchen Vaught Geddie & Hucks is here to help.While disorderly conduct charges may seem like a minor issue, they can have far-reaching effects on your life. If you find yourself facing such a charge in Myrtle Beach, it is essential to understand the law, the potential consequences, and the defenses available to you. By seeking legal help, you can ensure that your rights are protected and work toward minimizing the impact of the charges on your future.
