Disorderly Conduct Attorney

What are the Defenses to a Disorderly Conduct Charge in Texas?

Trial strategy

Defense strategies can include attacking the prosecutor’s case-in-chief by arguing that the prosecution lacks proof to prove their case beyond a reasonable doubt. This can be done by proving a lack of evidence or contradictory evidence. In cases of disorderly or deadly conduct charges, this can be done by proving the prosecutor lacks evidence of mental culpability or reasonableness, which is required for some charges. Alternatively, a defendant could plead an affirmative defense, admitting the conduct, and providing a legal justification. In cases of disorderly conduct, self-defense, defense of others, and consent may be appropriate defenses depending on the circumstances.

Justification excluding criminal responsibility (self-defense)

In Texas, an individual can be justified in using force and deadly force to defend themselves and others. If these defenses are successful, a defendant can be absolved of criminal liability relating to an offense. A person is justified in using force against another as they reasonably believe it is immediately necessary to protect themselves or others against the use or attempted use of unlawful force. However, to be justified in using deadly force, an individual must reasonably believe that deadly force is immediately necessary to protect themselves or others from the use or attempted use of unlawful deadly force, or to prevent the imminent commission of aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery.

Some situations create a legal presumption that the use of force or deadly force is necessary. However, there are also enumerated activities that dictate situations where force is not appropriate such as in response to verbal provocation alone, to resist arrest or search even when such arrest or search is unlawful unless an exception applies, when you’ve consented to or provoked the force, or when you’ve approached someone to discuss differences while armed in violation of Texas Penal Code Section 46.02 or Section 46.05.

Constitutional considerations

Finally, under both the federal and Texas constitution, individuals have the right to freedom of speech, meaning that the government cannot criminalize perfectly legitimate speech, including profane or vulgar terms. Many of the disorderly conduct offenses require the government to prove the use of fighting words; however, merely offensive language does not always rise to words that will have the imminent effect of breaching the peace. An experienced disorderly conduct attorney might argue your language was permissible under the first amendment protecting you from being criminally charged.