According to New York Penal Law Section 240.20, disorderly conduct is a violation. Generally, what this means is that disorderly conduct is not considered a crime in New York. Nevertheless, because disorderly conduct is a violation doesn’t mean its conviction is not a big deal.
As a violation, disorderly conduct is not considered a crime in New York. However, a conviction for disorderly conduct can still have serious consequences, including fines and a criminal record. While the penalties for disorderly conduct may not be as severe as those for a misdemeanor or felony, it is still a criminal offense.
A violation is a type of offense that is less serious than a misdemeanor or felony. Violations are typically punishable by a fine, but not by imprisonment. For disorderly conduct in New York, the maximum fine is $250, and the maximum sentence is 15 days in jail. In addition to the legal penalties, a conviction for disorderly conduct can have other consequences, such as damage to one’s reputation and employment and housing discrimination.
It’s important to note that although disorderly conduct is not considered a crime in New York, it is still a criminal offense. This means that if you are charged with disorderly conduct, you have the right to a criminal defense attorney, the right to a trial by jury, and the right to present evidence in your defense.
Sentencing For NY Disorderly Conduct
Disorderly conduct in New York is a violation, not a crime, as defined by Penal Code Section 240.20. Your criminal record is not expanded if you plead guilty to a violation. Additionally, as NY Disorderly Conduct does not carry any criminal history points, admitting admission to a violation won’t expose you to harsher punishment in any subsequent federal prosecution (PL 240.20). Also, you won’t be liable to harsher punishments for any later felonies or misdemeanors if you plead guilty to a charge of disorderly conduct. Charges for disorderly conduct in New York do not automatically qualify you for felony charges.
Under New York Law, the charge of disorderly conduct can be punishable by:
- Up to 15 days in jail
- Time Served (which can be as short as the time that it takes you to get processed)
- A conditional discharge
- An unconditional discharge
- A fine (usually associated with a property crime – like making graffiti)
- Restitution (also associated with property crime, intended to make the victim whole)
- Forfeiture (proceeds of criminal activity)
Or a combination of these. In practicality, disorderly conduct charges rarely result in jail time, unless the plea is offered instead of a misdemeanor with jail time because of mitigating circumstances – typically immigration reasons.
How Long Does Disorderly Conduct Stay On Record In NY?
A year after you enter a plea to NY Disorderly Behaviour under Penal Code 240.20, the charge remains on your record. Therefore it ought to be immediately erased from your criminal record. Law enforcement officials can still see your conviction for disorderly conduct and the accompanying arrest charges when they do a background check on you. After it is removed from your criminal record, no one else conducting background checks on you besides law enforcement will be able to know that you were convicted of violating New York Penal Law 240.20.
Theoretically, after that year has passed, any NY disorderly conduct offenses under Penal Code 240.20 should automatically disappear from your criminal record. It isn’t always the case, though. It is preferable to be safe than sorry and examine your criminal past yourself first if you are applying for a new job that requires a background check, adopting a kid, or experiencing any other life milestone that will require someone to review your criminal record. You can do it without a lawyer, it’s simple to accomplish, and it’s reasonably priced.
Possible Defenses Of Disorderly Conduct In New York
Your lawyer will create a defense plan for you when you hire them for assistance after being accused of disorderly conduct in New York. Your attorney has access to a wide range of defenses. In New York, some of the typical responses to disorderly behavior include, among others;
- Mental illness
- Duress, which means you were forced to perform the conduct against your will.
- Justification, which means the conduct was authorized or required by law to avoid imminent injury to private persons or the public