Many states still have laws regarding public intoxication. Nevada is not
one of these states. In fact, the state has a reputation for being quite
liberal about alcohol. Standard grocery stores can sell liquor, and there
are no time restrictions for dedicated liquor stores. They can be open
24/7. Nevada even allows its citizens to openly drink in public, which
many other states do not.
With all these facts taken together, it’s not surprising to find
that simply being intoxicated in public is not a crime.
The problem, however, is the unruly behavior that often accompanies drunkenness.
Nevada may not specifically criminalize drunkenness, but citizens can be
arrested for disorderly conduct.
Nevada’s Disorder Conduct Penalties
Disorderly conduct is a broad charge. It can include acts such as disturbing
the peace, challenging someone to a fight, and harassing others.
In Nevada, disorderly conduct is a
misdemeanor, punishable by up to
6 months in jail and
fines as high as $1,000.
Even though it is officially part of the potential consequences, jail time
for disorderly conduct is rare in Nevada. Typically, courts put people
in jail only if they are repeat offenders or if they miss appointed court dates.
Charges That Could Be Reduced
In some scenarios, your attorney could help you
argue a misdemeanor battery charge down to a disorderly conduct charge.
If successful, this reduction in charges could have great benefits. First,
it makes your record look better. Battery carries a strong stigma, insinuating
that the alleged offender is a violent, unpredictable person. Potential
employers and landlords can see a battery charge on your record and dismiss
you outright.
Next, it is much easier to seal a disorderly conduct charge, erasing it
from your record. Nevada allows you to seal these charges after one year,
but you must wait two years to seal a battery conviction.
Defending Against a Disorderly Conduct Charge
Many effective strategies can help you fight this allegation.
You Did Not Disturb the Peace
Because disorderly conduct definitions are so broad, they are also easy
to dispute. You could reasonably lay out the facts of your case, demonstrating
that the arresting officer overreached. Put simply, your behavior may
have been annoying, but that doesn’t make it illegal.
False Accusations
Police do not always have to witness a crime to make an arrest. Perhaps,
in a drunken state, you irritated someone, and that person then accuses
you of disorderly conduct. The police make an arrest based on someone
else’s incorrect allegations.
Mistaken Identity
In a crowded bar, it’s easy to mistake one person for another. Perhaps
someone else was engaged in some truly unruly behavior, and you took the blame.
Breach of First Amendment Rights
If someone is drunkenly wobbling in the streets, screaming threats, and
cursing, police could reasonably arrest them for disorderly conduct. However,
someone could get into a heated, civil discussion and voice an offensive
opinion. If this results in an arrest, it could be a violation of this
person’s First Amendment rights.
Our firm helps defend Nevada citizens from misdemeanor and felony accusations.
If you need help, you can schedule time with us online
or call us now at (775) 502-1575.
