Crimes Against Public Order in Georgia

Crimes Against Public Order are crimes that, in theory, interfere with the normal operations of society. In practice, the category acts like more of a catch-all for offenses that do not fit neatly into any of the other categories of offenses. Some, though not all, crimes against public order are victimless crimes. If you are arrested or receive a citation for one of these crimes, contact an experienced Criminal Defense Attorney to help you with your case.

Many of these crimes range from ordinance violations and misdemeanors to felonies. Ordinance Violations can be to your advantage if you hire an experienced Georgia Criminal Defense Attorney to assist with your case because local ordinance violations typically carry much lighter maximum penalties than do state law violations. The right attorney may be able to negotiate a plea to a local ordinance violation rather than a misdemeanor or even a felony, resulting in a much better outcome. But that’s not to say that there are no defenses in these cases, or that you should necessarily take a plea. Even a local ordinance violation is potentially embarrassing and can be disruptive to your life. If you have been charged with a “Crime Against Public Order,” get in touch with me today.

Common Public Order Offenses in Georgia

Charges in this category are frequently made in the moment by officers responding to a disturbance, a crowd, or a heated situation. Some of the most common include:

• Disorderly conduct
• Public drunkenness
• Affray (fighting in public)
• Obstruction of an officer
• Loitering or prowling
• Criminal trespass
• Riot and unlawful assembly
• Terroristic Threats or Acts

Why These Charges Deserve Attention

Many public order offenses are misdemeanors and can result in an arrest. It can be tempting to simply pay a fine and move on. But, a guilty plea creates a permanent criminal record that may show up on background checks for jobs, housing, and professional licenses. Some charges, such as felony obstruction or riot, carry far more serious penalties. Taking the case seriously from the start gives you the best chance of avoiding a conviction.

Defenses and Constitutional Issues

Public order charges often raise constitutional questions. The First Amendment protects a great deal of speech, including speech that is offensive or critical of police, and laws that criminalize speech must be applied narrowly. Other common defenses include:

• The conduct did not meet the legal definition of the offense
• Police lacked a lawful basis to detain or arrest you
• Witness accounts or video contradict the officer’s report
• You had permission or a right to be on the property

Possible Outcomes

Depending on the facts and your history, it may be possible to have charges dismissed, reduced, or resolved through pretrial diversion, community service, or First Offender treatment. Many of these outcomes allow the arrest to be restricted from your public record.

Do I need a lawyer for an Ordinance Violation or Misdemeanor?

Yes! Either one can affect your future. A lawyer can often identify defenses or alternatives that lead to a better result than pleading guilty at your first court date.

Every case is different. Contact me today or call (404) 403-2665 for a free, confidential consultation about your situation.