Disorderly Conduct, C.R.S. 18-9-106, is frequently charged in Greeley, CO for publicly using offensive speech or gestures that could result in a disturbance of the peace. Naturally, this can result in some confusion: when does Disorderly Conduct conflict with the First Amendment? Or, more specifically, can you be charged with Disorderly Conduct for exercising your First Amendment rights that guarantee freedom of speech? Our top Weld County Disorderly Conduct lawyers answer this question and provide an analysis of some speech expressions that are not protected by the First Amendment:
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Blog Navigation: Colorado’s Law on Disorderly Conduct, C.R.S. 18-9-106 Can I Be Charged with Disorderly Conduct for Exercising My First Amendment Rights in Greeley? |
Colorado’s Law on Disorderly Conduct, C.R.S. 18-9-106
Colorado’s law on Disorderly Conduct, C.R.S. 18-9-106, as it relates to speech, is as follows:
(a) Makes a coarse and obviously offensive utterance, gesture, or display in a public place and the utterance, gesture, or display tends to incite an immediate breach of the peace.
Can I Be Charged with Disorderly Conduct for Exercising My First Amendment Rights in Greeley?
Whether you can be charged with Disorderly Conduct for trying to exercise your First Amendment rights in Greeley depends on what exactly you intend to do. Your First Amendment rights protect many acts of free speech, but these protections do not include:
- Fighting words – Speech intended to start a fight or provoke violence. Example: telling another person outside a bar in Greeley that you’ll beat him within an inch of his life if he touches your girlfriend again.
- Other words or gestures that could result in an “immediate breach of the peace.” This tends to be virtually synonymous with fighting words, but this is not always the case.
Believe it or not, there are many acts of speech and expression that are not constitutionally protected by the First Amendment. Generally, obscene words or gestures and fighting words are the acts most applicable to Disorderly Conduct charges.
Disorderly Conduct Penalties: Weld County Jail Time + Fines
Generally, the subsection of Disorderly Conduct that covers offensive speech and gestures is charged as a petty offense. If you are charged under this subsection and subsequently convicted, you could be sentenced to up to 10 days in the Weld County Jail and/or a fine of up to $300.
If you have been charged with Disorderly Conduct for obscene gestures or speech, don’t wait to contact a top criminal defense lawyer from the O’Malley Law Office today. Depending on your case, these penalties may be completely avoidable thanks to the representation of an experienced attorney. You could serve probation or a deferred judgment, or the charges could even be dropped. Give us a call today, and we can help you protect your future.
Have you been charged with Disorderly Conduct? Remember to be smart, and exercise your right to stay silent – do not talk to the Greeley Police or Weld County Sheriff. Then call 970-616-6009 to discuss your case with a top criminal defense lawyer from the O’Malley Law Office today. Together, we can protect your future.
The location for the Weld County Courthouse is 901 9th Avenue, Greeley, Colorado. We’ll see you there!
Photo by Sora Shimazaki