Disorderly conduct is one of the most frequently charged and most loosely defined offenses in Tennessee. It often arises out of a heated argument, a night out, a protest, or a tense encounter with police — situations where the line between lawful behavior and a criminal charge can come down to an officer’s judgment in the moment. Although it is a misdemeanor, a conviction creates a permanent record that can follow you through background checks for years. Brooks Law Firm defends disorderly conduct cases throughout Shelby County and West Tennessee. Call (901) 324-5000 for a confidential consultation.
What Tennessee Law Actually Prohibits
Disorderly conduct is defined at T.C.A. § 39-17-305. A person commits the offense who, in a public place and with intent to cause public annoyance or alarm:
- Engages in fighting or in violent or threatening behavior;
- Refuses to obey an official order to disperse issued to maintain public safety in dangerous proximity to a fire, hazard, or other emergency; or
- Creates a hazardous or physically offensive condition by any act that serves no legitimate purpose.
The statute contains a separate, fourth way to violate it: a person also commits disorderly conduct who makes unreasonable noise that prevents others from carrying on lawful activities.
Because the language is broad, the same set of facts can be charged or declined depending on how an officer reads the situation. Arguing loudly with a family member, cursing in public, pounding on a car, or refusing to move along can all become a disorderly conduct citation — which is exactly why the elements matter so much in defending the case.
Two Elements the State Must Prove
“Public Place”
The conduct generally must occur in a public place. Under T.C.A. § 39-11-106, a “public place” is one to which the public or a group of people has access — including highways, transportation facilities, schools, places of amusement, parks, and similar locations. Conduct that takes place entirely on private property, out of public view, may fall outside the statute.
“Intent to Cause Public Annoyance or Alarm”
For most of the statute, the State must prove you acted with the intent to cause public annoyance or alarm. This is the element the prosecution most often cannot establish. Behavior that was accidental, that served a legitimate purpose, or that was simply loud or rowdy without an intent to disturb the public may not meet the statutory standard — and that gap is frequently where a disorderly conduct charge falls apart.
Penalties
Disorderly conduct is a Class C misdemeanor — the least serious misdemeanor class in Tennessee. Under T.C.A. § 40-35-111, that carries up to 30 days in jail and a fine of up to $50, plus court costs. The direct penalties are modest, but the lasting harm is the record itself: a misdemeanor conviction can surface on employment, housing, professional-licensing, and educational background checks long after any fine is paid.
Interfering With a Funeral — A More Serious Variant
Tennessee has a separate, more serious offense at T.C.A. § 39-17-317 for interfering with a funeral, burial, viewing, procession, or memorial service by an utterance, gesture, or display offensive to the sensibilities of an ordinary person, within 500 feet of the event. This offense is a Class B misdemeanor, punishable by up to six months in jail and a fine of up to $500. Because the statute reaches expressive conduct and treats picketing and protesting as offensive per se, charges under it can raise significant First Amendment questions that a defense attorney will examine closely.
Charges Often Filed Alongside Disorderly Conduct
Disorderly conduct rarely arrives alone. The same incident frequently produces one or more companion charges, and resolving the case means addressing all of them together:
- Public intoxication (T.C.A. § 39-17-310) — also a Class C misdemeanor, charged when a person in public is under the influence to a degree that may endanger themselves or others or unreasonably annoys people nearby.
- Resisting stop, frisk, halt, arrest, or search (T.C.A. § 39-16-602) — note that under Tennessee law, resisting is generally not excused even if the stop or arrest was unlawful, unless the person was engaged in lawful self-defense against excessive force.
- Assault (T.C.A. § 39-13-101) — where the alleged conduct involved contact, threat, or fear of harm to another person.
- Criminal trespass — where the conduct occurred on property the person was not authorized to be on.
- Disrupting a meeting or procession (T.C.A. § 39-17-306) and obstructing a highway or passageway (T.C.A. § 39-17-307) — common in protest and crowd settings.
Why These Charges Are So Common
The breadth of the statute gives officers wide discretion. A disorderly conduct charge is often used to defuse a tense scene, to satisfy a complaining party, or as an add-on when an arrest is made for something else. That same breadth is a double-edged sword: conduct that is easy to charge is often hard to prove beyond a reasonable doubt, especially on the intent element and especially where the underlying behavior was speech. Police cannot lawfully punish a person merely for the content of what they said — a point that frequently matters when the citation grew out of an argument or a verbal exchange with an officer.
Defenses
- No intent to cause public annoyance or alarm. If the behavior was accidental, was a private dispute, or simply lacked the required intent, the central element is missing.
- First Amendment / protected speech and assembly. Where the charge grew out of a protest, a public gathering, or words alone — without violence or a genuine public-safety threat — the conduct may be constitutionally protected.
- Self-defense. Where the charge is based on fighting, acting to protect yourself from an imminent threat or unlawful force can justify conduct that would otherwise be disorderly.
- Not a public place. Conduct confined to private property out of public access may fall outside the statute.
- Legitimate purpose / not unreasonable. For the “hazardous or physically offensive condition” theory, the act must serve no legitimate purpose; for the noise theory, the noise must be unreasonable and must actually prevent others from carrying on lawful activity.
- Insufficient or subjective evidence. Where the case rests on one officer’s characterization of a chaotic scene, body-cam and witness accounts often tell a different story.
Protecting Your Record: Diversion, Dismissal, and Expungement
For many clients — especially first-time offenders — the goal is not just minimizing the penalty but keeping the charge off their permanent record. Depending on the facts and your history, that can mean a negotiated dismissal, pretrial or judicial diversion that allows the charge to be erased upon successful completion, or, after a dismissal or eligible disposition, expungement of the arrest and charge. Because eligibility turns on the specific charge, the disposition, and your prior record, these options should be evaluated at the outset, before any plea is entered. We routinely advise clients on how a given resolution will affect their ability to clear the record later.
How Brooks Law Firm Defends These Cases
- The elements: Did the conduct occur in a public place? Can the State prove intent to cause public annoyance or alarm? Was the noise truly “unreasonable,” or the condition genuinely “hazardous”?
- The constitutional dimension: Was the charge a reaction to protected speech or assembly? Did the officer focus on the content of what was said?
- The full picture: Body-cam, dash-cam, surveillance footage, and independent witnesses frequently undercut a one-sided police narrative — and that evidence disappears quickly if it is not preserved.
- The companion charges: We address every charge from the incident together, so resolving one does not lock in another.
- The record: Where appropriate, we pursue dismissal, diversion, or a resolution structured to keep your record clean and to leave expungement available.
What to Do Right Now If You’ve Been Charged
- Write down what happened while it is fresh — where you were, who was present, what was said, and what the officer did.
- Identify witnesses and note anyone who recorded video on a phone.
- Preserve any footage. If the incident occurred near a business or residence, request that surveillance video be saved before it is overwritten.
- Do not post about the incident on social media, and do not discuss it with the officer or prosecutor without counsel.
- Note your court date and any citation deadlines.
- Call Brooks Law Firm at (901) 324-5000 before your court appearance, especially if keeping the charge off your record matters to you.
Schedule a Confidential Consultation
Brooks Law Firm represents people charged with disorderly conduct and related public-order offenses throughout Shelby County and surrounding West Tennessee counties — in General Sessions, Criminal Court, and Municipal Court. We offer Spanish-language services. Consultations are confidential and without obligation.
Brooks Law Firm
2299 Union Avenue
Memphis, Tennessee 38104
Phone: (901) 324-5000
patrickbrookslaw.com/
Disclaimer: This page provides general information about Tennessee law current as of the 2024 Tennessee Code and is not legal advice. Reading this page does not create an attorney-client relationship. Statutory citations may be amended after the date above, which can affect the accuracy of specific provisions. Every case is different. If you have been charged with disorderly conduct, contact a qualified Tennessee attorney about the specific facts of your matter.