Disorderly Conduct (Breach of the Peace) in Miami

Dennis Gonzalez Jr. is a former Miami-Dade prosecutor who has been defending people since 2012. Our office answers 24 hours a day.

What the Law Says

Florida's statute makes it a crime to commit acts of a nature to corrupt the public morals, outrage the sense of public decency, or affect the peace and quiet of people who may witness them; to engage in brawling or fighting; or to engage in conduct that constitutes a breach of the peace or disorderly conduct.

Penalty: second-degree misdemeanor, up to 60 days in jail and a $500 fine.

What the State Must Prove

Instruction 30.4 has a single element, with options the judge picks based on the charge. In summary, the State must prove that you:

• committed acts of a nature that corrupted the public morals; or
• outraged the sense of public decency; or
• affected the peace and quiet of people who witnessed the acts; or
• engaged in brawling or fighting.

See the elements.

Two Defenses the Official Instruction Itself Flags

The comments to the official instruction point out two issues that come up in these cases:

• Free speech. When the defense claims the conduct was protected speech, the comments say a special jury instruction will likely be needed so the jury does not convict someone for exercising a constitutional right. Loud, rude, or offensive words, including words aimed at police, raise this question.
• Self-defense. The comments say a person who did not start a fight and acted to protect himself or herself may raise self-defense to a disorderly conduct charge.

Common Miami Scenarios

• Arguments and fights at bars, clubs, and restaurants in South Beach, Brickell, and Wynwood.
• Neighbor and family disputes that get loud.
• Words exchanged with police during a stop or at a protest, often with a resisting charge added. See Resisting Arrest.
• Fights where one person was defending himself or herself.

How We Defend Disorderly Conduct Charges

• What exactly did you do? The report's summary is not the evidence. Video, from body cams, phones, and businesses, often tells a different story.
• Who was actually disturbed? The "peace and quiet" option is about people who witnessed the acts.
• Was it speech? Words alone deserve close scrutiny before they become a crime.
• Who started it? Self-defense and the role of the other person matter.
• Is something bigger lurking? If the State is weighing battery or other charges, see Assault & Battery Charges. Damage to property is covered on Criminal Mischief.
• Resolution options. First-time cases may be candidates for outcomes that avoid a conviction.

What to Do First

1. Walk away and don't argue with officers.
2. Ask for a lawyer and stop talking.
3. Save video and names of witnesses right away; businesses overwrite their cameras.
4. Call us.

Why Choose Dennis Gonzalez Law, P.A.

• Former Miami-Dade prosecutor.
• Defending people since 2012.
• Super Lawyers recognition and an Avvo Rating of 10.0.
• Bilingual office — se habla español.
• We answer 24 hours a day. Call (305) 209-0384.

Frequently Asked Questions

Is disorderly conduct a misdemeanor in Florida?

Yes. It is a second-degree misdemeanor, punishable by up to 60 days in jail and a $500 fine.

Can I be charged just for cursing at a police officer?

Officers sometimes make that arrest. Whether words alone can be punished is a constitutional question, and the official jury instruction's comments recognize it.

I was defending myself in a fight. Can I still be charged?

You can be charged, but self-defense can be raised by someone who did not start the fight and acted to protect himself or herself.