What is Disorderly Conduct and Could I Be Arrested for it?
Experienced Defense Attorneys Defending Disorderly Conduct Charges in New Mexico
Every state, including New Mexico, has a law against being drunk in public, disturbing community peace, and loitering in certain areas. Mainly, unruly conduct is considered against the law. The charge for disorderly conduct is often used in conjunction with another; however, there are times when law enforcement may use this charge to keep the peace and remove a person who is otherwise disruptive.
What New Mexico Considers Disorderly Conduct
In the state of New Mexico, a person is committing the crime of disorderly conduct when he or she fights in public, refuses to leave a state building when requested, or yells at others in public. Basically, any behavior that upsets, annoys, and angers the public may be considered an act of disorderly conduct.
Abusive and unreasonably loud yelling is also disorderly conduct in New Mexico. For example, someone who yells racial slurs could be arrested for disorderly conduct.
It is also considered disorderly conduct when a person:
- Denys a person’s ability (including government officials) from accessing a building owned by the state or city.
- Refuses to exit a state building when asked.
- Disrupts or interferes with a public school’s ability to teach or operate.
Lastly, you could be arrested for disorderly conduct if you interfere with an athletic event. Any sporting event where there is a fee to watch is considered an “event” in the statute. So, if a person disrupts a college football game by throwing a bottle of beer onto the field, he or she could be arrested for disorderly conduct.
The Issue of Unlawful Assembly
Under New Mexico Statute Section 30-20-3, it is a crime to gather with three or more individuals against a property or individual by use of violence or force, or with the attempt of committing an illegal act.
Fighting in Public is Disorderly Conduct
You might also be arrested if you are caught fighting in public. Any public affray, as well as any agreed-upon fight in public, could be charged as disorderly conduct.
Public Intoxication and Disorderly Conduct
Being drunk in public is not a crime in the state of New Mexico. However, law enforcement may take you in for protective custody until you sober up from your drunken state. You are not under arrest, but may be detained until you are no longer a threat to yourself or others.
What is the Punishment for Disorderly Conduct?
The punishment depends on the extent of the conduct. However, you could face up to six months in jail and a fine of up to $500 for interfering with a public event.
Arrested for Disorderly Conduct? Contact a Criminal Defense Team Now
While the penalty for disorderly conduct is usually a misdemeanor, often prosecutors combine this charge with another. Therefore, it is in your best interest to protect your rights and freedom by contacting a criminal defense attorney.