When “Bad Behavior” Becomes a Criminal Charge
Disorderly conduct is one of the most abused and misunderstood charges in Georgia criminal law. It is often used as a catch-all offense—a charge of convenience when police are frustrated, tempers flare, or situations escalate faster than judgment. While prosecutors present disorderly conduct as a minor offense, the reality is stark: this charge can follow you for life, affecting employment, professional licenses, immigration status, gun rights, and custody disputes.
At The Sherman Law Group, our Georgia disorderly conduct lawyers approach these cases with seriousness and precision. These cases are rarely about public safety—and frequently about overreach, emotion, and poor policing decisions.
Disorderly Conduct Under Georgia Law (O.C.G.A. § 16-11-39)
A person commits disorderly conduct when they act in a violent or tumultuous manner, use fighting words, threaten public safety, or engage in conduct that provokes a disturbance.
Key legal realities:
- Speech alone is often constitutionally protected
- Police discretion is not unlimited
- Context matters more than conduct
- Intent and reaction are central issues
10 Reality Rules for Disorderly Conduct
1. Disorderly Conduct Is the “Argument Charge”
Most cases begin with arguments—not crimes.
2. Police Use It When They Want Control
Disorderly conduct is often charged when officers want compliance, not justice.
3. Loud Does Not Mean Illegal
Volume alone is not criminal under Georgia law.
4. Job Sites Are Common Targets
Construction sites, warehouses, and factories generate complaints that escalate unfairly.
5. Alcohol Complicates Everything
But intoxication does not eliminate constitutional rights.
6. Neighbors Weaponize the Police
Domestic disputes and noise complaints frequently end in arrests.
7. Respect Is Not a Legal Requirement
Being rude to police is not a crime.
8. Crowds Change Police Behavior
Officers act differently when others are watching.
9. Handcuffs Come Fast
De-escalation is often ignored in favor of arrest.
10. A Record Hurts Blue-Collar Workers More
Background checks punish disorderly conduct harshly.
10 More Reality Rules for Disorderly Conduct
1. Professional Reputation Is the Real Risk
Executives lose more from allegations than convictions.
2. Domestic Calls Are Career Killers
Many white-collar cases arise from private arguments gone public.
3. Disorderly Conduct Is Often Overcharged
Prosecutors inflate conduct to justify arrests.
4. Speech Is Frequently Mischaracterized
“Threatening” language is often emotional, not criminal.
5. Alcohol at Corporate Events Creates Exposure
Holiday parties and conferences are common sources of arrest.
6. Police Misread Assertiveness
Confidence is mistaken for aggression.
7. These Charges Are Plea-Driven
Prosecutors expect quick pleas to “move the docket.”
8. Licensing Boards Care Deeply
Medical, legal, and financial professionals face discipline.
9. Video Evidence Changes Everything
Body cams often contradict police narratives.
10. Early Defense Prevents Long-Term Damage
Pre-trial intervention saves careers.
50 COSTLY MISTAKES IN DISORDERLY CONDUCT CASES
- Talking to police
- Assuming it’s “just a misdemeanor”
- Apologizing on body cam
- Posting on social media
- Accepting plea offers quickly
- Believing officer opinions are law
- Ignoring First Amendment defenses
- Underestimating background checks
- Failing to demand video evidence
- Not challenging probable cause
- Admitting anger equals guilt
- Assuming witnesses are neutral
- Ignoring crowd dynamics
- Overlooking selective enforcement
- Accepting police interpretations of speech
- Not contesting “tumultuous” claims
- Ignoring disorderly conduct case law
- Believing “public” is always public
- Confusing disrespect with illegality
- Accepting arrest as proof
- Failing to suppress statements
- Not preserving scene evidence
- Ignoring constitutional arguments
- Letting prosecutors frame narrative
- Treating it as traffic-court level
- Not preparing for jury bias
- Overlooking racial or class bias
- Ignoring alcohol mitigation
- Missing diversion opportunities
- Assuming dismissal is automatic
- Not demanding specificity
- Ignoring vagueness challenges
- Letting officers define “threat”
- Accepting hearsay complaints
- Overlooking crowd provocation
- Ignoring mental-state defenses
- Not challenging witness credibility
- Treating disorderly conduct as moral issue
- Allowing overbroad charging
- Not humanizing defendant
- Ignoring body-cam inconsistencies
- Assuming yelling equals violence
- Not asserting constitutional rights early
- Accepting fines without consequences review
- Failing to contest probation terms
- Overlooking expungement options
- Not fighting arrest legality
- Waiting too long to hire counsel
- Underestimating jury sympathy
- Not hiring trial-ready defense counsel
75 FAQs — DISORDERLY CONDUCT IN GEORGIA
1. What is disorderly conduct under Georgia law?
Disorderly conduct in Georgia is governed by O.C.G.A. § 16-11-39 and criminalizes certain behavior that is violent, tumultuous, threatening, or likely to provoke a disturbance. Importantly, the statute does not punish mere annoyance, rudeness, or emotional expression. The law focuses on conduct, not attitudes, and the State must prove specific statutory elements beyond a reasonable doubt.
2. Is disorderly conduct a misdemeanor in Georgia?
Yes. Disorderly conduct is a misdemeanor offense, punishable by up to 12 months in jail and a fine of up to $1,000. However, the collateral consequences—employment issues, professional licensing problems, immigration concerns, and custody implications—often outweigh the statutory penalties.
3. Can speech alone qualify as disorderly conduct?
Almost never. Speech is protected by the First Amendment unless it falls into the narrow category of “fighting words.” Loud, angry, profane, or disrespectful speech—especially toward police—is generally protected and cannot form the sole basis for a disorderly conduct conviction.
4. What are “fighting words” in Georgia?
Fighting words are extremely limited and refer to words that would provoke an immediate violent response from an average person. Courts interpret this category narrowly. Most insults, threats spoken in anger, or emotional statements do not qualify.
5. Is yelling in public illegal?
No. Volume alone does not make conduct criminal. Georgia law does not punish people for being loud unless the loudness is paired with threatening, violent, or tumultuous behavior that creates a real public safety concern.
6. Can profanity get me arrested for disorderly conduct?
Profanity alone is not illegal. Courts have repeatedly ruled that offensive language, even when directed at police officers, is constitutionally protected.
7. What does “tumultuous behavior” mean?
Tumultuous behavior involves physical agitation, violent movement, or aggressive conduct that creates an actual risk of harm. Mere emotional expression or animated gestures do not satisfy this requirement.
8. Does alcohol automatically make behavior disorderly?
No. While alcohol may be present in many cases, intoxication alone does not establish disorderly conduct. The State must still prove the required conduct and intent.
9. Can I be charged for arguing with someone?
Arguments are not crimes. Most disorderly conduct cases arise from verbal disputes, but disagreement—even heated disagreement—is not illegal unless it crosses specific statutory lines.
10. Does someone have to complain for there to be a charge?
No formal complaint is required, but a 911 call or third-party complaint does not automatically create probable cause. Police must independently observe conduct that meets the statutory elements.
11. Can police arrest me just to calm things down?
No. Arrests cannot be used as crowd-control tools or emotional reset buttons. Disorderly conduct arrests must be based on lawful probable cause, not convenience.
12. Is being disrespectful to police illegal?
No. Courts consistently hold that police officers are expected to tolerate verbal criticism and disrespect. Hurt feelings are not a criminal element.
13. What if the officer felt threatened?
An officer’s subjective fear is not enough. The fear must be objectively reasonable and based on actual conduct, not tone or attitude.
14. Can disorderly conduct happen on private property?
Yes, but context matters. Conduct on private property—especially within a home—receives greater constitutional protection than conduct in truly public spaces.
15. What qualifies as a “public place”?
A public place is one open to public access, such as streets, parks, bars, or stores. Private residences generally do not qualify unless conduct spills into public view.
16. Can neighbors call police and get me arrested?
Neighbors can call police, but accusations alone do not justify arrest. Officers must verify criminal conduct independently.
17. Does intent matter in disorderly conduct cases?
Yes. The State must show that the conduct was intentional or knowing. Accidental or reflexive behavior does not meet the standard.
18. What if police escalated the situation?
Police escalation is a powerful defense. Officers are trained to de-escalate, and when they inflame situations, resulting arrests are often unlawful.
19. Can disorderly conduct be used during domestic disputes?
Yes, and it often is—but frequently improperly. Emotional arguments between family members are often mischaracterized as criminal disturbances.
20. What if I never touched anyone?
Physical contact is not required, but lack of contact significantly weakens the State’s case and undermines claims of violence or threat.
21. Can disorderly conduct affect my job?
Yes. Employers often view disorderly conduct charges negatively, especially in professions requiring trust, licensing, or public interaction.
22. Will disorderly conduct show up on a background check?
Yes, unless the case is dismissed and properly sealed or expunged. Even dismissed cases can appear without proper action.
23. Can disorderly conduct affect child custody?
Yes. Family courts may view disorderly conduct as evidence of instability, even when the charge is weak or dismissed.
24. Does disorderly conduct affect gun rights?
Generally no, but probation conditions or related charges can create complications.
25. Can disorderly conduct be expunged?
Often yes, especially if the case is dismissed or resolved favorably. Timing and procedure matter.
26. Can charges be dismissed before trial?
Yes. Strong constitutional or evidentiary challenges frequently result in pretrial dismissals.
27. What role does body-cam video play?
Body-cam footage often contradicts police reports and is one of the most powerful defense tools.
28. Are police reports always accurate?
No. Reports reflect officer interpretation and are frequently inconsistent with video or witness accounts.
29. Can witnesses exaggerate events?
Yes. Emotional situations produce unreliable witnesses, which juries often recognize.
30. Can disorderly conduct be upgraded to another charge?
Sometimes, but upgrades require additional proof. Prosecutors often overcharge early.
31. Is jail common for disorderly conduct?
Jail is rare for first offenses, but it is frequently threatened as leverage.
32. Can I get diversion?
Yes. Many Georgia courts offer diversion for first-time offenders, but eligibility varies.
33. What happens at arraignment?
The charge is formally read, and pleas are entered. Early defense strategy is critical.
34. Should I talk to police to explain myself?
No. Statements often become the prosecution’s strongest evidence.
35. Can silence be used against me?
Silence itself cannot be criminalized, though officers may misinterpret it.
36. Does race or class affect enforcement?
While illegal, enforcement disparities exist and can be legally relevant.
37. What if others were louder than me?
Selective enforcement undermines the State’s credibility and supports dismissal.
38. Does a crowd change the law?
No. Crowds increase scrutiny but do not erase constitutional rights.
39. Can disorderly conduct be unconstitutional?
Yes. Overbroad or speech-based arrests violate constitutional protections.
40. Can I sue police if charges are dropped?
Possibly, but civil claims require separate legal analysis.
41. How long do these cases last?
From weeks to months, depending on court backlog and defense strategy.
42. Can the charge be reduced?
Yes, often through negotiation or legal motion.
43. Are judges skeptical of these cases?
Many are, particularly when arrests appear retaliatory or emotional.
44. Does apology help?
Apologies may humanize but can also be misused as admissions.
45. Can disorderly conduct be sealed?
Yes, with proper legal action.
46. What if I complied eventually?
Delayed compliance does not retroactively justify arrest.
47. What if I was provoked?
Provocation is legally significant and often persuasive to juries.
48. Can filming police lead to arrest?
Filming is protected activity and cannot lawfully justify disorderly conduct charges.
49. Is disorderly conduct overused?
Yes. It is widely regarded as one of Georgia’s most overcharged offenses.
50. Can prosecutors drop charges later?
Yes, especially when evidence weakens.
51. What evidence matters most?
Video, independent witnesses, and inconsistencies in police accounts.
52. Can statements be suppressed?
Yes, if obtained unlawfully or following illegal arrest.
53. What if police lied?
Credibility issues can destroy the State’s case.
54. Does tone matter legally?
No. Content and conduct—not tone—control legality.
55. Can mental health issues matter?
Yes. They can negate intent and support diversion.
56. Are juveniles treated differently?
Yes, but constitutional protections still apply.
57. What if I was just emotional?
Emotion alone is not criminal.
58. Can disorderly conduct be sealed later?
Yes, with proper timing and procedure.
59. What if no one was harmed?
Lack of harm undermines the State’s theory.
60. Does disorderly conduct require violence?
Not always, but violent conduct significantly strengthens the State’s case.
61. Can police order me to leave?
Only if the order is lawful.
62. What if I was on my own property?
Private property strengthens constitutional defenses.
63. Can the charge affect immigration?
Yes. Non-citizens should treat disorderly conduct seriously.
64. Is probation common?
Yes, but probation conditions can be burdensome.
65. Can probation include anger management?
Often, even when anger was not criminal.
66. Can the case be reopened after dismissal?
Rarely, but procedural posture matters.
67. Should I hire a lawyer immediately?
Yes. Early intervention often prevents formal charges.
68. Can lawyers stop charges pre-warrant?
Yes, in many cases.
69. Is disorderly conduct subjective?
Enforcement can be subjective, but convictions must meet objective legal standards.
70. What do juries think about these cases?
Juries are often skeptical and receptive to constitutional arguments.
71. What mistakes hurt defendants most?
Talking to police and minimizing the charge.
72. Can the charge be sealed after conviction?
Sometimes, depending on outcome and time.
73. Is a plea always the best option?
No. Many cases should be fought.
74. Why does defense quality matter?
Because these cases turn on nuance, credibility, and constitutional law.
75. Why choose The Sherman Law Group?
Because disorderly conduct cases require trial-ready lawyers who understand Georgia law, jury psychology, and constitutional limits—and that is exactly what we do.
I. JURY-IMPACT VISUAL CHART
Disorderly Conduct in Georgia (O.C.G.A. § 16-11-39)
What the State Says vs. What the Law Requires
What Jurors Are Told | What the Law Actually Requires | Defense Framing That Wins |
“They were loud.” | Loud ≠ illegal | The Constitution protects speech—even emotional speech |
“People were uncomfortable.” | Discomfort is not a crime | Criminal law is not a feelings statute |
“Officer felt threatened.” | Fear must be reasonable and provoked by conduct | Subjective fear does not equal probable cause |
“There was a crowd.” | Crowds do not erase First Amendment rights | Public presence increases constitutional protection |
“Alcohol was involved.” | Intoxication alone is not disorderly conduct | Bad judgment ≠ criminal intent |
“The officer ordered compliance.” | Unlawful orders cannot justify arrest | Police commands must be lawful |
“Words escalated the situation.” | Fighting words are narrowly defined | Angry speech is not fighting words |
“Someone called 911.” | A complaint is not evidence | Arrests require proof, not accusations |
“They wouldn’t calm down.” | No duty to appease police | Compliance is not an element of the offense |
“It looked chaotic.” | Tumult requires violent conduct | Optics are not evidence |
Jury takeaway:
“This case is not about manners. It’s about whether the State proved every legal element beyond a reasonable doubt—and they did not.”
II. JUDGE-FOCUSED SUPPRESSION MEMO
Motion to Suppress – Disorderly Conduct Arrest
Legal Standard (Georgia Law)
Under O.C.G.A. § 16-11-39, disorderly conduct requires specific, provable conduct, not officer irritation, public inconvenience, or emotional speech. Arrests must be supported by probable cause grounded in objective facts, not subjective impressions.
A. Lack of Probable Cause
Georgia courts consistently hold that:
- Speech alone, even profane or confrontational speech, is protected
- “Tumultuous” requires violent or physically aggressive behavior
- Officer discomfort is not a statutory element
In many disorderly conduct arrests:
- No physical violence occurred
- No credible threat was made
- No fighting words were used
- No public safety risk existed
Result: Arrest is unconstitutional → evidence suppressed.
B. First Amendment Violations
Protected speech includes:
- Criticism of police
- Raised voices
- Profanity
- Emotional or angry expression
An arrest based on speech content or tone violates the First Amendment and renders:
- Statements inadmissible
- Arrest unlawful
- Charges vulnerable to dismissal
C. Unlawful Orders and Escalation
Police frequently issue commands designed to:
- End verbal disagreement
- Assert authority
- Avoid public scrutiny
However:
- A citizen cannot be arrested for failing to comply with an unlawful order
- Escalation by police cannot manufacture probable cause
D. Body Camera & Video Contradictions
In disorderly conduct cases, bodycam often shows:
- Calm behavior contradicted by reports
- Officers escalating tone first
- Absence of threats or violence
When video contradicts narrative, courts suppress.
E. Fruit of the Poisonous Tree
Because the arrest was unlawful:
- Statements must be suppressed
- Any seized evidence excluded
- Case dismissed or substantially weakened
Disorderly Conduct Charges Demand Serious Defense
Disorderly conduct cases are not about noise or manners—they are about power, discretion, and constitutional limits. When police and prosecutors overstep, someone must push back.
At The Sherman Law Group, we do exactly that. We challenge assumptions, expose exaggeration, and force the State to meet its burden—every time.
If you are charged with disorderly conduct in Georgia, do not treat it lightly.
Final Word
Disorderly conduct cases are not small cases. They are constitutional cases disguised as misdemeanors.
At The Sherman Law Group, we:
- Educate juries
- Constrain prosecutors
- Hold police to constitutional limits
- And win dismissals where others push pleas
Disorderly Conduct in Georgia (O.C.G.A. § 16-11-39)
What People Think vs. What the Law Actually Requires
Common Belief | What Georgia Law Actually Says | Why This Matters in Real Cases |
“If you’re loud, you’re disorderly.” | Loudness alone is not illegal. | Many arrests are based on volume, not law. |
“Police can arrest you to calm things down.” | Arrests require probable cause, not convenience. | Emotional policing creates unconstitutional arrests. |
“Profanity is against the law.” | Profanity is protected speech. | Hurt feelings are not criminal elements. |
“If someone feels threatened, that’s enough.” | Fear must be reasonable and based on conduct. | Subjective fear ≠ legal proof. |
“A 911 call proves something bad happened.” | Complaints are not evidence. | Police must independently verify conduct. |
“Alcohol makes behavior criminal.” | Intoxication alone is not disorderly conduct. | Drinking explains behavior but does not criminalize it. |
“Being disrespectful is illegal.” | Disrespect is constitutionally protected. | Police pride does not define crimes. |
“A crowd means danger.” | Crowds increase scrutiny, not criminality. | Public settings increase First Amendment protection. |
“Police commands must always be obeyed.” | Only lawful commands can be enforced. | Unlawful orders cannot justify arrest. |
“If it looks chaotic, it must be illegal.” | Disorder requires violent or threatening conduct. | Optics are not evidence. |
What the Prosecutor Must Prove (But Often Can’t)
Required Legal Element | What Prosecutors Often Argue | Defense Reality |
Violent or tumultuous conduct | Raised voices or agitation | Emotional expression is not violence |
Public safety threat | Officer discomfort | Discomfort ≠ danger |
Intentional behavior | Reaction to stress | Reflex ≠ intent |
Fighting words | Insults or profanity | Fighting words are extremely rare |
Objective disturbance | Subjective interpretations | Law requires objective facts |
Where Disorderly Conduct Cases Commonly Fall Apart
Weak Point | Why It Matters |
Body-cam video | Often contradicts written reports |
Overbroad police discretion | Courts reject convenience arrests |
Lack of physical conduct | Weakens “tumult” claims |
First Amendment violations | Triggers dismissal or suppression |
Selective enforcement | Jurors dislike unfair targeting |
How Jurors Tend to See These Cases
Juror Thought | Defense Reframe |
“They should’ve just calmed down.” | The law doesn’t punish emotions. |
“Why else would police arrest them?” | Police make mistakes too. |
“It feels disruptive.” | Feelings aren’t legal elements. |
“Someone called 911.” | Calls don’t equal crimes. |
“It escalated.” | Who escalated it matters. |
The Big Picture—Disorderly Conduct Lawyer
Disorderly conduct charges are not about manners.
They are about constitutional limits on police authority.
At The Sherman Law Group, we don’t argue whether conduct was polite—we argue whether it was criminal. That distinction wins cases.