A loud argument downtown. A fight after a football game. Yelling outside a bar. Blocking a sidewalk when a crowd is told to move.
People often refer to situations like these as “disturbing the peace.” But in Alabama, the criminal charge you are more likely to encounter is disorderly conduct.
And contrary to what many people assume, simply being loud, angry, or involved in an argument does not automatically mean you have committed disorderly conduct.
What Is Disorderly Conduct Under Alabama Law?
Alabama’s disorderly conduct law is found in Alabama Code § 13A-11-7.
The statute begins by requiring that a person act “with intent to cause public inconvenience, annoyance, or alarm, or recklessly creating a risk thereof.”
The law then identifies several types of conduct that may qualify, including:
- Fighting or engaging in violent, tumultuous, or threatening behavior
- Making unreasonable noise
- Using certain abusive or obscene language or gestures in a public place
- Disturbing a lawful assembly or meeting
- Obstructing vehicle or pedestrian traffic
- Gathering with others in a public place and refusing to comply with a lawful order from law enforcement to disperse
Under Alabama law, disorderly conduct is a Class C misdemeanor.
What Does That Mean in Auburn?
In a college town like Auburn, there are plenty of situations where an ordinary night can become chaotic quickly.
Downtown Auburn can be crowded after football games, during major university events, and on busy weekends. Groups may spill onto sidewalks. Arguments can get loud. Someone may try to break up a fight. Police may order a crowd to disperse.
Those circumstances do not automatically make everyone involved guilty of disorderly conduct.
The details matter.
For example, there can be an important difference between being present during a disturbance and intentionally participating in conduct that meets the requirements of Alabama’s disorderly conduct statute.
There can also be a difference between simply raising your voice and making “unreasonable noise” under the circumstances.
Can You Be Arrested Just for Cursing in Public?
Not necessarily.
Alabama’s disorderly conduct statute does reference abusive or obscene language and obscene gestures in a public place. However, Alabama courts have interpreted that portion of the law narrowly.
The Alabama Court of Criminal Appeals has explained that the “abusive or obscene language” provision is limited to what courts refer to as “fighting words”: language of a nature likely to provoke an immediate violent response.
That distinction can be important. Offensive language and criminal disorderly conduct are not necessarily the same thing.
What About an Argument or Fight Downtown?
This is where the facts surrounding an arrest can become especially important.
Alabama law specifically includes fighting and “violent, tumultuous, or threatening behavior” within the disorderly conduct statute. But an arrest report does not always tell the entire story.
Questions that may matter include:
Who started the confrontation?
Was the person charged actually fighting, or were they attempting to protect themselves or someone else?
What did witnesses see?
In a crowded downtown environment, different witnesses may have very different perspectives on what happened.
Is there video?
Businesses, traffic cameras, cell phones, doorbell cameras, and other sources may have captured portions of an incident.
What happened before police arrived?
An officer responding to an active disturbance may arrive after the events that led to the confrontation began.
These are the types of details a criminal defense attorney may examine when reviewing a disorderly conduct charge.
Ready to discuss your case? Contact our experienced team of criminal defense attorneys for a free initial case consultation*
What If Police Tell a Crowd to Leave?
Alabama’s disorderly conduct law also addresses situations where people congregate in a public place and refuse to comply with a lawful police order to disperse.
This can become particularly relevant in crowded areas, after large events, or when law enforcement is attempting to clear an area following a disturbance.
Again, context matters. Whether an order was given, whether the person heard or understood it, what they did afterward, and the circumstances surrounding the incident may all be relevant when evaluating a charge.
Disorderly Conduct vs. Public Intoxication
The two charges can sometimes arise from the same incident, but they are not the same offense.
Under Alabama Code § 13A-11-10, being under the influence in public, standing alone, is not necessarily enough to satisfy Alabama’s public intoxication statute.
The law applies when a person appears in a public place under the influence of alcohol or drugs “to the degree that he endangers himself or another person or property,” or engages in boisterous and offensive conduct that annoys another person nearby.
That means a person leaving a downtown Auburn restaurant or bar after drinking is not automatically committing public intoxication simply because alcohol has been consumed.
The circumstances and the person’s conduct matter.
Charged With Disorderly Conduct in Auburn?
A disorderly conduct charge may sound minor, particularly when compared with more serious criminal offenses. But it is still a criminal charge, and it should be taken seriously.
More importantly, an arrest is not the same thing as a conviction.
If you have been charged with disorderly conduct, public intoxication, or another criminal offense in Auburn or Lee County, understanding exactly what the State or City alleges happened is an important first step.
At Walton Law Firm, we have represented people in Auburn, Opelika, and throughout East Alabama for decades. We know this community, and we understand that one bad night, misunderstanding, or encounter with law enforcement should not automatically define your future.
Put a Fighter in Your Corner.
Contact Walton Law Firm to speak with an Auburn criminal defense attorney about your case.
This article is for general informational purposes only and does not constitute legal advice. Every criminal case is different, and the outcome of a case depends on its specific facts and circumstances.
Sources & References
Alabama Code § 13A-11-7 – Disorderly Conduct
https://law.justia.com/codes/alabama/title-13a/chapter-11/article-1/section-13a-11-7/
Mosley v. City of Auburn, 428 So. 2d 165 (Ala. Crim. App. 1982)
https://law.justia.com/cases/alabama/court-of-appeals-criminal/1982/428-so-2d-165-0.html
Swann v. City of Huntsville, 455 So. 2d 944 (Ala. Crim. App. 1984)
https://law.justia.com/cases/alabama/court-of-appeals-criminal/1984/455-so-2d-944-0.html
H.N.P. v. State (Ala. Crim. App. 2003)
https://law.justia.com/cases/alabama/court-of-appeals-criminal/2003/cr-01-1409-0.html
