Re: Disorderly Conduct - First Time EVER in court - Advice Appreciated
fyremin said:
What is the name of your state? Virginia
(From the Virginia Uniform Summons)
Law Section:
18.2-414
Charge Description:
Disorderly Conduct
Events leading to the charge:
I came out of the bar. There was a guy in a 3 point stance on the sidewalk (ya know football). So i kinda chuckled and got into a 4 point stance. He laughed and moved in front of me. We hit once (reminded me of the good ol' days). I figured that would be that and we'd shake hands and go our seperate ways, but no, this guy hits me again and SLAMS me onto the hood of a car - bruising me and denting the hood. Since when do Linemen slam people... especially Offensive linemen...
Had i remotely thought this guy would put me into this mess, i definitely wouldn't have done it especially since my job is sensitive to charges of any kind.
I have never been to court so I don't know WHAT to do. What to expect, What my sentence could be, or anything... and as I said, this could easily cause me to lose my job and make me a drain on society...
thanks for listening and thanks for any and all help
One Scared Man
About all I can add is the statutes and to say that any time there is a risk of jail time, you should have a lawyer. So if you can afford to hire a lawyer, hire one. If not, one will be appointed to represent you.
[I will also throw in the section number that you provided for the charge description of "Disorderly Conduct-"- i.e. § 18.2-414 just so that you can see that the statute is entitled "Injury to property or persons by persons unlawfully or riotously assembled not "Disorderly Conduct."]
§ 18.2-415. Disorderly conduct in public places.
A person is guilty of disorderly conduct if, with the intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, he:
A. In any street, highway, public building, or while in or on a public conveyance, or public place engages in conduct having a direct tendency to cause acts of violence by the person or persons at whom, individually, such conduct is directed; or
B. Willfully or being intoxicated, whether willfully or not, and whether such intoxication results from self-administered alcohol or other drug of whatever nature, disrupts any meeting of the governing body of any political subdivision of this Commonwealth or a division or agency thereof, or of any school, literary society or place of religious worship, if the disruption (i) prevents or interferes with the orderly conduct of the meeting or (ii) has a direct tendency to cause acts of violence by the person or persons at whom, individually, the disruption is directed; or
C. Willfully or while intoxicated, whether willfully or not, and whether such intoxication results from self-administered alcohol or other drug of whatever nature, disrupts the operation of any school or any activity conducted or sponsored by any school, if the disruption (i) prevents or interferes with the orderly conduct of the operation or activity or (ii) has a direct tendency to cause acts of violence by the person or persons at whom, individually, the disruption is directed.
However, the conduct prohibited under subdivision A, B or C of this section shall not be deemed to include the utterance or display of any words or to include conduct otherwise made punishable under this title.
The person in charge of any such building, place, conveyance, meeting, operation or activity may eject therefrom any person who violates any provision of this section, with the aid, if necessary, of any persons who may be called upon for such purpose.
The governing bodies of counties, cities and towns are authorized to adopt ordinances prohibiting and punishing the acts and conduct prohibited by this section, provided that the punishment fixed therefor shall not exceed that prescribed for a Class 1 misdemeanor. A person violating any provision of this section shall be guilty of a Class 1 misdemeanor.
(Code 1950, §§ 18.1-239, 18.1-240, 18.1-253.1 through 18.1-253.3; 1960, c. 358; 1968, c. 639; 1969, Ex. Sess., c. 2; 1970, c. 374; 1975, cc. 14, 15; 1976, c. 244; 1990, c. 627.)
§ 18.2-11. Punishment for conviction of misdemeanor.
The authorized punishments for conviction of a misdemeanor are:
(a) For Class 1 misdemeanors, confinement in jail for not more than twelve months and a fine of not more than $2,500, either or both.
(b) For Class 2 misdemeanors, confinement in jail for not more than six months and a fine of not more than $1,000, either or both.
(c) For Class 3 misdemeanors, a fine of not more than $500.
(d) For Class 4 misdemeanors, a fine of not more than $250.
For a misdemeanor offense prohibiting proximity to children as described in subsection A of § 18.2-370.2, the sentencing court is authorized to impose the punishment set forth in subsection B of that section in addition to any other penalty provided by law.
(1975, cc. 14, 15; 1990, c. 788; 2000, c. 770.)
§ 18.2-414. Injury to property or persons by persons unlawfully or riotously assembled.
If any person or persons, unlawfully or riotously assembled, pull down, injure, or destroy, or begin to pull down, injure or destroy any dwelling house or other building, or assist therein, or perpetrate any premeditated injury on the person of another, he shall be guilty of a Class 6 felony.
(Code 1950, § 18.1-254.11; 1968, c. 460; 1975, cc. 14, 15.)
