Aggrevated disorderly conduct charge

[glennandbetty]

What is the name of your state (only U.S. law)? Ohio

My 15 year old son has been charged with aggrevated disorderly conduct. While in school a boy asked my son why he was not friends with a girl. My son tried to ignore the question but the girl started swearing at my son and calling him names. He took her elbow in his hands to ask her why she was doing this to him. Nothing was said anymore that day but the next day he was suspended from school because the girl's mother charged him with assault. The Chief of Police in the school's community dropped the charges to aggrevated disorderly conduct. He now has a court appearance in 2 weeks. What should I expect and how should we prepare for this?

 

[HighwayMan]

There is no such thing as "aggravated disorderly conduct" in Ohio. What law and section was he charged with?

 

[glennandbetty]

The summons states: section 2917.11(A)(1) and (E)(3) (b) of the Ohio revised code. This offinse, aggravated disorderly conduct, is a misdemeanor of the fourth if commited by an adult. contrary to the peace and dignity of the State of Ohio, Section 2151.02, .022, .03, .04, Ohio Revised Code. Thanks for looking at this for me.

 

[HighwayMan]

Again, this is not "aggravated" disorderly conduct. It's simply disorderly conduct. This is the statute that he is charged with...

2917.11 Disorderly conduct.

(A) No person shall recklessly cause inconvenience, annoyance, or alarm to another by doing any of the following:

(1) Engaging in fighting, in threatening harm to persons or property, or in violent or turbulent behavior;



From what I have read there are references to "persistent" disorderly conduct, which IS a 4th degree misdemeanor:

(E)(1) Whoever violates this section is guilty of disorderly conduct.

(2) Except as otherwise provided in division (E)(3) of this section, disorderly conduct is a minor misdemeanor.

(3) Disorderly conduct is a misdemeanor of the fourth degree if any of the following applies:

(a) The offender persists in disorderly conduct after reasonable warning or request to desist.

(b) The offense is committed in the vicinity of a school or in a school safety zone.

(c) The offense is committed in the presence of any law enforcement officer, firefighter, rescuer, medical person, emergency medical services person, or other authorized person who is engaged in the person’s duties at the scene of a fire, accident, disaster, riot, or emergency of any kind.

(d) The offense is committed in the presence of any emergency facility person who is engaged in the person’s duties in an emergency facility.

 

[HighwayMan]

For an adult, a potential sentence would be 30 days in jail and a $250 fine. For a juvenile, I don't know. It's probably fairly minor.

Your best bet is to consult with an attorney who is familiar with Ohio criminal law.

 

[BOR]

For an adult the crime would be triable by jury if the defendant wished.

Juvenile courts in Ohio, at least most I know of, do not have juries, even for felonies, just bench trials.

It will probably be bargained down to simple disorderly conduct if he pleads guilty, which is a Minor Misdemeanor, no jail time and a possible $150.00 fine + costs.

It is always best though, if affordable, to consult an attorney first.

If you are indigent, as parents, if he pleads not guilty, a Public Defender will be appointed if he pleads not guilty, but there is NO PD appointed for Minor Misdemeanors.

 

[Ohiogal]

Some juvenile courts do have jury trials. Also, there are various diversion programs that are possible depending on the county.

 

[glennandbetty]

Outcome of trial

Just to let you know my son had his hearing yesterday with a great outcome. The Judge gave my son a reprimand and an earnest talking to about how he will have to put up with people making fun of him and calling him names no matter what age he is. She also thought that the 5 days suspension from school was a bit too severe for what happened. I am so glad that this is behind us and I can only hope that my son has learned a valuable lesson from his day in court. Thanks to those who replied.