Disorderly Conduct

[geraghtybj]

What is the name of your state? NY

I was at a concert with a few friends when one of the cleaning staff came over and tried to clean up some garbage underneath our table. My friend got annoyed a kicked over a folding chair, which fell in the cleaning man's direction (but did not touch him). Before we knew it, he had called over the security staff and a number of police officers who were working the event. The officers arretsed all three of us who were sitting at the table, and charge us with "Disorderly Conduct (fighting)" (Section 375.1, Sub f6).

Is it valid that the officers charged us with Disorderly Conduct?
Should I hire an attorney?
If I plead guilty, what are the typical penalties?

[You Are Guilty]

Originally Posted by geraghtybj

What is the name of your state? NY

I was at a concert with a few friends when one of the cleaning staff came over and tried to clean up some garbage underneath our table. My friend got annoyed a kicked over a folding chair, which fell in the cleaning man's direction (but did not touch him). Before we knew it, he had called over the security staff and a number of police officers who were working the event. The officers arretsed all three of us who were sitting at the table, and charge us with "Disorderly Conduct (fighting)" (Section 375.1, Sub f6).

Is it valid that the officers charged us with Disorderly Conduct?
Should I hire an attorney?
If I plead guilty, what are the typical penalties?

That must be a local law, since NYS law for disorderly is 240.20, and there is no section 375. Here's the statute:

Originally Posted by NYS PEnal LAw

§ 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.

A violation is technically punishable by up to 15 days, but I've never seen nor heard of that happening. It's akin to a parking ticket - you usually just get a fine. Of course, it's up to you whether to plead guilty or not. I'd personally recommend against it, but it's up to you.

See if the ADA will offer an "ACD" (adjournment in contemplation of dismissal) in lieu of a guilty plea.

[geraghtybj]

thanks - any thoughts on whether I should hire a lawyer? Or is this a minor enough offense where I wouldn't need one?

thanks for your help.

[You Are Guilty]

My general rule of thumb is that unless you are willing to risk your criminal record on your own legal skills, retaining a lawyer can't hurt. If nothing else, you can consult with one for free/very little $, and decide from there how you want to proceed.