It’s not difficult to face a disorderly conduct charge in Texas. Parties, fights, and even firing a gun on New Year’s Eve can quickly leave Texans facing criminal charges. The good news is that the charges can be relatively easy to beat.

Most disorderly conduct charges are considered Class C misdemeanors (the lowest level). They typically result in a fine of no more than $500 and no jail time. And while these penalties seem relatively minor, pleading guilty will leave you with a lifelong criminal record.

If fighting the charge seems like it’s not worth the time, expense, or effort, consider this: A criminal record may affect future job prospects, housing options, and immigration status.

READ MORE: What is disorderly conduct?

How to Beat a Disorderly Conduct Charge in Texas

Most disorderly conduct charges don’t involve jail time. Most prosecutors don’t want to take the time to deal with low-level offenses, and the negotiation process is typically quick and simple.

Additionally, they can be challenging to prove, and if jail time does happen to be involved, many jurors are reluctant to sentence someone to jail for a seemingly minor offense.

However, you will need to have an experienced lawyer. Charges are less likely to be dropped if you’re representing yourself – particularly if you’re facing charges in a small-town municipal court, where one prosecutor presents several different cases in a single court session.

Potential Defenses

There are several defenses we can use to beat a disorderly conduct charge. The one that will work best will depend on the circumstances of your case. The simplest will typically be arguing that you didn’t intend to commit a crime. Proving intent is difficult for prosecutors. 

For example, A lawyer in Galveston was cited for disorderly conduct in 2021 for walking on a beach dressed like Michael Myers, the serial killer from the “Halloween” horror film franchise. Police arrived at the scene with guns drawn. However, the defendant argued that the costume was a prank, and the “knife” he was carrying was made of rubber. The charge was later dismissed.

Other potential defenses include:

Self-defense: You acted reasonably to protect yourself (or another person) from imminent harm.

Procedural defenses: The police didn’t follow proper arrest procedures, or your case was handled in a way that violated your constitutional rights. This could lead to a dismissal.

Provocation: You were provoked by someone else (This only applies in specific cases, such as when provocation is blatant and you reacted immediately)

First Amendment rights: Your actions were protected by your right to free speech, assembly, or religion (It’s important to remember that these rights aren’t absolute. They’re limited when they infringe on public safety or the rights of others) 

Entrapment: Law enforcement officers persuaded you to commit an offense (This requires a high burden of proof)

The stakes are raised if you’re facing additional charges. For example, if you’re in a fight at a bar, you could end up with an assault charge. Or, if you perform a lewd act in public, you could be charged with indecent exposure. 

Penalties for Disorderly Conduct

Most disorderly conduct offenses are Class C misdemeanors, which result in a criminal conviction and a fine of up to $500. These can be relatively easy to beat, and it’s worth fighting the charges so you aren’t saddled with a criminal record.

If the incident involves firing a gun in public, charges are elevated to a Class B misdemeanor, punishable by up to six months in jail and a fine of up to $2,000. Because a gun is involved, the sentence could also require probation.

And if the incident involves the potential for people to be harmed, the charges will be elevated to a Class A misdemeanor, which are punishable by up to a year in jail, a $4,000 fine, or both.