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  1. Home
  2. Disorderly Conduct Lawyer in New York | NON-Criminal Resolution for a Client Facing Disorderly Conduct Charges

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Disorderly Conduct Lawyer in New York | NON-Criminal Resolution for a Client Facing Disorderly Conduct Charges



A disorderly conduct accusation in New York can escalate quickly into a criminal justice problem when the police determine that an individual has created public inconvenience, annoyance, or alarm under New York Penal Law §240.20. 

 

Prosecutors routinely file these charges when a person allegedly shouts, throws objects, or behaves in a disruptive manner in a public space, especially when alcohol is involved. 

 

Although disorderly conduct is a violation rather than a crime, a conviction still produces a permanent public record, which can affect employment screenings, immigration evaluations, or future criminal exposure.


This case study explains how a disorderly conduct lawyer in New York guided a client through an incident involving intoxication, loud yelling, and aggressive object throwing, ultimately obtaining a non-criminal, non-conviction outcome at the prosecutorial stage.


The matter illustrates how structured mitigation, verified rehabilitation efforts, and proactive engagement with investigators can persuade prosecutors to decline formal charges even when a client has a prior record.

contents


1. Disorderly Conduct Lawyer New York | Client Background and Initial Allegations


Disorderly Conduct Lawyer New York

 

 

 

The client initially sought legal representation after NYPD officers responded to reports of a heavily intoxicated individual yelling, causing a disturbance, and throwing small objects in a mixed use public area.


Police officers detained the client and documented conduct consistent with N.Y. Penal Law §240.20(1), (2), and (3), including unreasonable noise and disruptive behavior that created a risk of public inconvenience.



Incident Overview and Police Response


The responding officers noted the following:

 

• The client appeared severely intoxicated and was unable to control vocal volume.

• Bystanders reported discomfort due to the client’s shouting and erratic gestures.

• Officers recorded that the client threw an object, contributing to the perception of disorderly behavior.
 

Although no injury occurred, the police forwarded a request for prosecution to the District Attorney’s Office due to the public disturbance and the client’s prior minor record.



2. Disorderly Conduct Lawyer New York | Mitigation Strategy and Early Intervention


Early legal intervention was critical because disorderly conduct is often treated as a “quality of life offense” in New York City, and prosecutors may push for a conviction or a plea when aggravating factors are present.


The disorderly conduct lawyer organized a structured mitigation presentation for the assigned Assistant District Attorney.



Rehabilitation Efforts and Evidence of Personal Responsibility


The defense provided documented proof that the client:

 

• Entered an alcohol education and relapse prevention program within days of the incident.

• Completed medical evaluation and counseling sessions addressing alcohol related triggers.

• Sent a written apology to responding officers acknowledging the inappropriate conduct.
 

These efforts demonstrated that the client understood the seriousness of the event and took measurable steps to prevent recurrence.



Demonstrating Lack of Criminal Intent


The lawyer emphasized several legal points:

 

• Disorderly conduct under PL §240.20 requires a showing of intent to cause, or reckless creation of, public alarm.

• The client’s behavior stemmed from intoxication rather than purposeful disruption.

• The conduct occurred in a limited and contained area, with no ongoing threat to public safety.
 

 

This framing aligned the incident more closely with an isolated lapse rather than deliberate public misconduct.



3. Disorderly Conduct Lawyer New York | Prosecutorial Review and Negotiation


The defense team presented a full mitigation package to the District Attorney’s Office, reinforcing that formal prosecution would not serve public interest given the client’s corrective actions.


The prosecutor considered the client’s prior history but also examined the substantial evidence of rehabilitation.



Factors Supporting Non-Criminal Disposition


The following considerations influenced the decision:

 

• The client acknowledged wrongdoing and cooperated fully with police.

• No injuries or property damage resulted from the incident.

• Treatment records confirmed that the client maintained sobriety and followed professional recommendations.

• Officers who responded indicated that the client was remorseful once sober.


 

These collective factors persuaded prosecutors that criminal adjudication was unnecessary.



4. Disorderly Conduct Lawyer New York | Outcome and Case Resolution


After reviewing the mitigation submission, the prosecutor exercised discretion under Criminal Procedure Law (CPL) §170 to resolve the matter without filing a criminal information.


The case concluded at the pre-charge stage with a non-criminal, non-conviction outcome, functionally equivalent to what New York practitioners refer to as a “decline to prosecute” or “non-prosecution.”



Result and Long Term Impact


• No criminal charges were filed.

• No violation conviction under PL §240.20 was entered.

• The client avoided a permanent public record.

• The client completed voluntary counseling as agreed.

 

 

This result allowed the client to avoid future employment, licensing, and immigration complications while reinforcing a long term commitment to sobriety.


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The information provided in this article is for general informational purposes only and does not constitute legal advice. Reading or relying on the contents of this article does not create an attorney-client relationship with our firm. For advice regarding your specific situation, please consult a qualified attorney licensed in your jurisdiction.
Certain informational content on this website may utilize technology-assisted drafting tools and is subject to attorney review.

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