Disorderly conduct is a frequently charged offense in Wisconsin, and it is also one of the most misunderstood. Many people assume it is a minor ticket that goes away once a fine is paid. In reality, a disorderly conduct charge can be filed as a criminal misdemeanor, it can be paired with a domestic abuse designation, and a conviction remains on your public record long after the case is over. Because the statute is written so broadly, officers often rely on it when no more specific offense fits the situation.
Our criminal defense attorneys at Hogan Eickhoff defend clients facing disorderly conduct charges throughout the Fox Valley and hold the State to its burden of proof in every case.
How Wisconsin Defines Disorderly Conduct
Disorderly conduct is defined in Wisconsin Statute Section 947.01(1). A person commits the offense when, in a public or private place, they engage in violent, abusive, indecent, profane, boisterous, unreasonably loud, or otherwise disorderly conduct under circumstances in which the conduct tends to cause or provoke a disturbance.
Two parts of this definition deserve attention. First, the conduct does not have to happen in public. An argument inside a private home can lead to a disorderly conduct charge just as easily as a fight outside a bar. Second, the State does not have to prove that a disturbance actually occurred. Prosecutors only need to show that the conduct, under the circumstances, tended to cause or provoke one. This wording gives officers and prosecutors wide latitude, which is exactly why these charges deserve careful review.
Common Situations That Lead to Charges
Because the statute is so broad, disorderly conduct charges arise from a wide range of everyday situations, including:
- Loud arguments between partners, family members, or roommates
- Shouting matches or scuffles outside bars and at sporting events
- Confrontations with neighbors, landlords, or store employees
- Heated exchanges with officers during a traffic stop or call for service
In many of these cases, the person charged never intended to frighten or provoke anyone. Context matters, and the same words or actions can look very different once all of the facts come to light.
Penalties for a Disorderly Conduct Conviction
Under state law, disorderly conduct is a Class B misdemeanor. Wisconsin Statute Section 939.51(3)(b) provides that a Class B misdemeanor is punishable by a fine of up to $1,000, up to 90 days in jail, or both. If you have prior convictions that qualify you as a repeat offender under Wisconsin Statute Section 939.62, the maximum jail term can increase.
Many Wisconsin municipalities, including Appleton, also have local ordinances prohibiting disorderly conduct. When a case is charged as an ordinance violation instead of a state crime, the penalty is a civil forfeiture rather than jail, and the outcome is not a criminal conviction. Whether a case proceeds in municipal court or in circuit court makes an enormous difference, and in some situations, a defense attorney can negotiate to have a criminal charge resolved as an ordinance violation instead.
The Domestic Abuse Designation
Disorderly conduct is frequently charged with a domestic abuse modifier when the alleged conduct involves a spouse, former spouse, adult you live with or have lived with, or a person with whom you share a child. Wisconsin Statute Section 968.075 governs these cases.
When the designation applies, an arrest triggers a 72-hour period during which you generally may not contact the alleged victim or return to a shared residence. A conviction with this designation also results in a domestic abuse surcharge under Wisconsin Statute Section 973.055 and can raise firearm concerns under federal law that should be discussed with an attorney before any plea is entered.
Defending Against a Disorderly Conduct Charge
The broad language that makes disorderly conduct easy to charge also creates room for a strong defense. Depending on the facts, your attorney may examine:
- Whether the conduct actually tended to cause or provoke a disturbance under the specific circumstances
- Whether the charge rests on protected speech, since the First Amendment protects a great deal of offensive or unpopular expression unless it falls into an unprotected category, such as true threats or fighting words
- Whether witness accounts are consistent and whether video, body camera footage, or 911 recordings contradict the police report
- Whether the alleged victim or witnesses had a reason to exaggerate what happened
- Whether the charge can be dismissed, amended, or resolved through a deferred prosecution agreement
Frequently Asked Questions
Can I be charged with disorderly conduct for something I posted online or sent by text?
Possibly. Wisconsin courts have recognized that disorderly conduct is not limited to loud or physical behavior, and written communications can support a charge in some circumstances. Prosecutors may also file charges under related statutes, such as Wisconsin Statute Section 947.0125, which addresses the unlawful use of computerized communication systems.
Can the alleged victim drop the charge?
No. Once a criminal charge is filed, the decision to proceed belongs to the district attorney, not the person who made the complaint. A complaining witness can share their wishes with the prosecutor, and those wishes may be considered, but they do not control the outcome.
Can I be charged if I was the one who called the police?
Yes. Officers responding to an argument often speak with everyone involved and may decide that the caller also acted in a disorderly manner. Calling for help does not protect you from being charged, which is one reason it is wise to speak with an attorney before giving a detailed statement.
Contact Hogan Eickhoff About Your Disorderly Conduct Charge
A disorderly conduct charge may seem small, but the consequences of a conviction can follow you for years. The criminal defense attorneys at Hogan Eickhoff can review the facts of your case, identify weaknesses in the State’s evidence, and pursue the best possible resolution. Call us at (920) 450-9800 or contact us online to schedule a free consultation. We represent clients in Appleton, throughout the Fox Valley, and across Wisconsin. Our lawyers defend various misdemeanors and felonies, including drug offenses, sex offenses, property crimes, domestic violence, and violent crimes.