How a Criminal Defense Lawyer Handles Disorderly Conduct Charges in PA

Disorderly conduct may sound like a minor charge, but in Pennsylvania, it can carry real legal consequences—including a permanent criminal record, jail time, and fines. Many people are surprised to find themselves charged after a heated argument, loud noise complaint, or verbal confrontation with police.

Mark D. Hauser

7/25/20252 min read

photo of white staircase
photo of white staircase

Whether it’s tied to a protest, bar incident, domestic dispute, or just being in the wrong place at the wrong time, if you’ve been charged with disorderly conduct in Philadelphia or anywhere in Pennsylvania, it’s important to understand what you’re facing and how a criminal defense attorney can help.

What Is Disorderly Conduct Under Pennsylvania Law?

Under 18 Pa. C.S. § 5503, disorderly conduct is broadly defined as intentionally causing or risking public inconvenience, annoyance, or alarm, or recklessly creating a hazardous or physically offensive condition through:

  • Fighting or threatening behavior

  • Unreasonable noise

  • Obscene language or gestures

  • Blocking public passageways

  • Disruptive protests or gatherings

  • Public urination (in some cases)

The law is intentionally vague—and that’s why it’s often overcharged or used as a catch-all offense when police don’t know what else to charge.

Grading and Penalties for Disorderly Conduct

The severity of a disorderly conduct charge depends on the circumstances:

🔹 Summary Offense (most common)

  • Maximum penalty: 90 days in jail and a $300 fine

🔹 Third-Degree Misdemeanor

  • Used when there is intent to cause substantial harm or serious inconvenience

  • Maximum penalty: 1 year in jail and a $2,500 fine

While a summary offense may seem minor, a conviction can still lead to a permanent criminal record that appears on background checks.

Common Situations That Lead to Charges

  • Arguing with police during a traffic stop

  • Verbal altercations in public

  • Yelling or cursing loudly in a residential area

  • Being drunk or rowdy in public

  • Disrupting a public event or protest

  • Minor fights or physical scuffles without serious injury

Police often issue disorderly conduct citations in situations that don’t involve actual violence or destruction—but they believe you were disturbing the peace.

Defenses a Criminal Defense Lawyer May Use

An experienced attorney will review the facts and develop a defense strategy based on your specific case. Common defenses include:

No intent to cause public inconvenience or alarm
✅ Your conduct was protected speech under the First Amendment
✅ There was no actual disturbance or risk to public safety
✅ You were acting in self-defense or reacting to provocation
✅ The charge was used retaliatorily after questioning police actions
Mistaken identity or faulty witness accounts

In many cases, your lawyer may be able to negotiate dismissal, diversion, or a reduction to a non-criminal offense, especially for first-time offenders.

Why You Shouldn’t Just Pay the Fine

You may be tempted to just pay a disorderly conduct citation to move on—but doing so is the same as pleading guilty.

That means:

  • You’ll have a criminal record

  • It can show up in background checks for jobs, housing, or school

  • You may not be eligible for expungement later, especially for a misdemeanor

Before paying a fine or appearing in court, it’s essential to consult with a defense attorney to explore better outcomes.

Can Disorderly Conduct Be Expunged in Pennsylvania?

In many cases, yes—especially if:

  • You’re found not guilty

  • The charge is dismissed or withdrawn

  • You complete a diversion program or receive a summary offense and meet waiting period requirements

Your attorney can help you file for expungement and clear your record once you're eligible.

📞 Contact Mark D. Hauser, Criminal Defense Attorney, Today

Disorderly conduct charges are more serious than they seem—but you have options. With over 30 years of experience in Philadelphia and throughout Pennsylvania, Mark D. Hauser has helped hundreds of clients fight disorderly conduct cases and protect their records.

📞 Contact Mark D. Hauser, criminal defense attorney, today for a confidential case evaluation.