What Counts as Disorderly Conduct in Wisconsin?

 Posted on July 22, 2025 in Criminal Defense

Disorderly conduct charges are common but sometimes confusing. A simple argument, loud outburst, or misunderstanding could lead to charges that carry serious consequences. If you have been charged with disorderly conduct, an experienced Menomonee Falls, WI disorderly conduct defense attorney can help you build a strong defense.

Disorderly Conduct Defined by Wisconsin Law

Disorderly conduct in Wisconsin is defined under Wis. Stat. § 947.01 as engaging in "violent, abusive, indecent, profane, boisterous, unreasonably loud or otherwise disorderly conduct" if the behavior tends to cause or provoke a disturbance. This covers a broad range of actions and allows law enforcement to arrest you when public peace is disturbed, even without physical violence.

Note that the statute does not require you to have actually caused a disturbance, only that your conduct was likely to provoke one. This means that you can be charged based on how your actions are perceived by others, not just by your intent.

Common Examples of Disorderly Conduct in Wisconsin

Disorderly conduct charges can stem from many types of situations. Some of the most common examples include:

• Arguments or yelling in public: Loud disputes in restaurants, stores, or on the street can result in charges if others are alarmed.

• Physical altercations or threats: Even if no one is hurt, pushing, shoving, or threatening violence may be enough to lead to an arrest.

• Public intoxication with disruptive behavior: Simply being drunk is not illegal, but acting in a disruptive or dangerous way while intoxicated can be.

• Obscene gestures or language: Swearing or making offensive gestures in front of families or in schools or parks may trigger charges.

• Creating unsafe or disruptive situations: This could include blocking traffic, playing excessively loud music late at night, or refusing to leave a public area when asked.

Challenging a Disorderly Conduct Charge in Wisconsin

A disorderly conduct charge can often be challenged in court. Because the law is broad, it is possible to argue that the accused person’s actions were misinterpreted or did not meet the legal definition of disorderly conduct. For example, behavior that is unusual or annoying is not necessarily illegal unless it threatens public order.

Free speech protection under the First Amendment may also apply. Courts have ruled that speech alone cannot be punished as disorderly unless it is likely to incite violence or poses a clear threat. A defense attorney may argue that your words, no matter how offensive, were constitutionally protected.

Police reports, witness statements, and video evidence can also be challenged in court. Inconsistencies or unclear accounts may cast doubt on whether the conduct was actually criminal. An experienced defense lawyer can file motions to dismiss the charge or negotiate for a reduction that avoids a conviction.

Contact a Waukesha, WI Disorderly Conduct Defense Attorney

If you have been charged with disorderly conduct, do not take the accusation lightly. A conviction can have long-lasting implications. Talk to a knowledgeable Menomonee Falls, WI disorderly conduct defense lawyer at Bucher, Wolff & Sonderhouse, LLP about challenging the charges. Call 262-232-6699 to schedule your free consultation.