Blogs from February, 2017

Disorderly Conduct

Disorderly conduct is defined as unruly behavior with the intention to cause or disregard the risk of causing a public inconvenience, annoyance, or alarm. Common offenses associated with disorderly conduct include being drunk in public, disturbing the peace, or loitering in certain areas.

In Virginia, there are two ways to commit the crime of disorderly conduct. First, an individual commits the offense by engaging in any behavior towards another person that tends to provoke a violent reaction, such as attacking a police officer attempting to make an arrest.

Second, intentionally – or while intoxicated – disrupt a government meeting, funeral service, a school or school activity, or a place of worship. The disruption must prevent or interfere with the activity or meeting or tends to provoke a violent response.

Obstruction & Unlawful Assembly

It is considered obstruction, another form of disorderly conduct, to do the following:

• Block an emergency responder’s way or refuse to move when asked to do so by an emergency responder
• Block a person’s movement in any place normally open to the public
• Cross a police barricade or line

While picketing or peaceful protesting is not considered obstruction, an individual who gets in the way of an ambulance driver or a police officer responding to a car accident could be convicted of the crime. Unlawful assembly is considered a riot which consists of three or more people, acting together to use force and violence which threatens public safety.

Penalties

Disorderly conduct is considered a Class 1 misdemeanor, which is punishable by a maximum jail sentence of 12 months and a fine of up to $2,500. Punishment for obstruction ranges from a maximum fine of $500 or a Class 1 misdemeanor.

Unlawful assembly is a Class 1 misdemeanor. If a person is armed with a firearm or other deadly weapon, however, it can either be a felony or a misdemeanor. A rioter who causes injury or property damage can be convicted of a Class 6 felony, punishable by a maximum prison sentence of five years.

If you were arrested for disorderly conduct in Virginia Beach, contact The Law Offices of Daniel J. Miller and request a free consultation today.

A defendant in a criminal case always has a right to an attorney.

According to the Sixth Amendment to the U.S. Constitution, the accused is provided the “assistance of counsel in all criminal prosecutions.” In addition, if a defendant cannot afford a lawyer, the court will appoint one to handle the case, at no cost.

A defense attorney’s role is of great importance in every facet of a criminal case, especially those with the potential for incarceration. They can conduct a thorough investigation of the facts and evidence surrounding a person’s case, advise an individual on their rights, explain what to expect at different stages of the criminal proceedings, negotiate a plea bargain, or get your case dismissed entirely.

The Difference Between a Public Defender & a Hired Attorney

Whether the lawyer is hired by the defendant or appointed by the government, courts have interpreted the Sixth Amendment right to counsel as guaranteeing the “effective assistance of legal counsel” to those facing criminal charges. While public defenders are considered competent and committed to protecting the rights of their clients, they often have an enormous amount of cases and have limited resources to provide an effective and personalized defense strategy. Furthermore, public defenders tend to push for plea bargains instead of taking each case to trial.

At The Law Offices of Daniel J. Miller, we are dedicated to helping you obtain the most favorable outcome possible. With over 25 years of experience, our attorneys have a thorough understanding of Virginia law to help you navigate through the complexities of your case.

Contact us and request a free consultation today.