When Can You Be Charged with Disorderly Conduct in Wisconsin?

 Posted on April 10, 2025 in Criminal Defense

Disorderly conduct has a broad definition in Wisconsin. It covers a range of actions, from violent or abusive behavior to indecent language in public. Any action that can frighten or disturb others could be disorderly. If you are facing a disorderly conduct charge, a Waukesha, WI disorderly conduct defense lawyer may be able to help you fight the charges. The first step is understanding the reason behind your arrest and your side of the story.

What Are Some Examples of Disorderly Conduct?

There is no way to cover every possible example of disorderly conduct, but some common actions that have led to this charge include:

• Verbal disagreements in public that disturb others

• Physical altercations that could also result in assault charges 

• Unreasonable noise, such as celebrating loudly, yelling, playing loud music, singing, or honking a car horn

• Disruption of lawful assemblies, such as trying to disturb a musical performance, public gathering or meeting, or religious service

• Use of obscene gestures or language, such as swearing, harassing, or being sexually aggressive with others

As an example of how arbitrary these cases can be, according to the Wisconsin statute governing these cases, loading a firearm would not constitute a disorderly conduct charge if there is no indication of malicious or criminal intent. But interpreting whether there was malicious or criminal intent is left to the discretion of police officers who are present at the time. If you believe your actions were wrongfully labeled as disorderly, working with an experienced attorney to build a defense is a great first step.

What Are the Penalties for Disorderly Conduct In Wisconsin?

Disorderly conduct is a Class B misdemeanor under Wisconsin law. If convicted, you could serve up to 90 days in jail and have to pay as much as $1,000 in fines. For cases that are domestic in nature, you may be asked not to contact the other person or people involved for at least 72 hours. If that is the case, violating that contact order would be a different crime.

Disorderly conduct charges can have long-term consequences, especially if you are charged for a domestic incident. Charges can remain on your criminal record for a long time, possibly impacting things like housing and employment opportunities. 

How Do Disorderly Conduct Charges and Public Intoxication Relate?

In Wisconsin, public intoxication alone does not constitute a disorderly conduct charge. It is mostly considered a public health issue rather than a criminal offense issue, even though officers can take a publicly intoxicated person into custody to protect them. However, if an intoxicated person attempts to harm someone, threatens someone, or behaves in a way that disturbs the public, they can be arrested for disorderly conduct. 

Schedule a Free Consultation With a Waukesha, WI Criminal Defense Lawyer

At Bucher, Wolff & Sonderhouse, LLP, we understand that the story behind a disorderly conduct charge is not always black and white. When facing this accusation, you have the right to be heard and to access a knowledgeable Milwaukee County, WI disorderly conduct defense attorney to help you understand the legal options available to you. A charge is not a conviction. Call 262-232-6699 today to schedule a free consultation with a compassionate legal representative.