Birmingham Disorderly Conduct Lawyer

Loitering Charges in Birmingham

Most people have a general idea of what loitering is. Individuals in the state of Alabama who have been charged with sex offenses particularly need to understand what types of loitering are prohibited by the law because a violation of these codes can result in significant penalties. The state of Alabama has also recently updates laws regarding loitering so individuals need to make sure they are up to date with these changes.

Applicable Alabama Law

Law in the state of Alabama makes it a crime for individuals to loiter in certain areas. Individuals should understand exactly what is prohibited by these laws.

• Authorized Person. An individual does not violate loitering law unless the individual has first been asked to leave the location by a person authorized to exclude the individual from the location. An authorized person can include any law enforcement officer, a coach, an owner or manager of the premises, a principal, security officer, a school bus driver, a teacher, or any person designated with the authority.
• Restricted Areas. Individuals who have been labeled as sex offenders are prohibited from loitering within 500 feet of the property line of any athletic field or facility, child care facility, college, park, playground, school bus stop, university, or any other facility that has the principal purpose of assisting minors. For the purposes of this law, a school bus stop is any location where a motor vehicle that transports children to and from school stops.
• What Constitutes Loitering? Loitering refers to entering or remaining on property even though an individual has no legitimate purpose for being there. Loitering can also include individuals who remain on property beyond the time that is necessary to fulfill that purpose.
  Penalties

Violations of these loitering laws are treated as a Class C felony in the state of Alabama. A Class C felony is penalized with no less than one year and one day and no more than ten years in prison. Individuals can also face a fine up to fifteen thousand dollars. For individuals who are repeat offenders, the resulting penalties can be even more severe.

Defending A Loitering Charge

The state must prove that an individual was on the premise, was warned to leave, and remained. As a result of this requirement of proof, individuals who are charged with loitering in this context are often able to claim that the state has failed to present an ample amount of evidence to satisfy a loitering conviction.

Disorderly conduct can have many different definitions depending on the jurisdiction where a charge is received. The definition varies from state to state as well as from local government to local government within those states. More or less, it is a catch-all term for disruptive conduct that constitutes a minor offense in most circumstances. Alabama disorderly conduct is covered by state law §13A-11-7 and qualifies as a Class C misdemeanor. Alabama harassment charges, covered by state law §13A-11-8, is a slightly different charge but con occur simultaneously with a disorderly conduct charge depending on the circumstances on an incident leading to such charges. Harassment refers to conduct directed toward a specific person and also qualifies as a Class C misdemeanor.

Disorderly Conduct

According to state law, Alabama disorderly conduct occurs when a person has the intent to cause public inconvenience, annoyance, or alarm, or acts in a reckless manner that creates a risk of causing those things. Actions that qualify as Alabama disorderly conduct include the following:

1. Engaging in fighting or in violent tumultuous or threatening behavior;
2. Making unreasonable noise;
3. Using abusive or obscene language or making an obscene gesture in a public place;
4. Obstructing vehicular or pedestrian traffic, or obstructing a transportation facility; and/or
5. Congregating with other persons in a public place and refusing to comply with a lawful order form law enforcement to disperse.

As you can see, there are a number of broad actions that could fit into the umbrella of disorderly conduct. A common cause for disorderly conduct charges is intoxication that leads to one or more of the behaviors listed above, but being drunk is not a prerequisite to receiving a charge for behavior law enforcement officials consider as fitting into the above categories.

Harassment

According to state law, Alabama harassment occurs when a person has the intent to harass, annoy, or alarm another person. Behavior that may qualify can include:

1. Striking, shoving, kicking, or otherwise touching a person or subjecting a person to physical contact; and/or
2. Directing abusive or obscene language or making an obscene gesture towards another person.

Alabamans also have to potential to be charged with Alabama harassing communications if they have the intent to harass or alarm another person and commits any of the following actions:

1. Communicating with a person, anonymously or otherwise, by telephone, telegraph, mail, or any form of written or electronic communication, in a manner likely to harass or cause harm; and/or
2. Makes a telephone call, whether or not a conversation ensues, with no purpose of legitimate communication.

While the legal definition for harassment may seem somewhat old-fashioned, it is increasingly important to remember the consequences of engaging in such behavior in our increasingly digital age. As this law covers any form of electronic communication, it can be used to apply to online harassment through various social media platforms even when such activities may seem harmless.

Legal Assistance with Alabama Misdemeanor Charges

While misdemeanor charges are not as serious as felonies, they can have stiffer penalties for conviction depending on the circumstances in which they occurred. Alabama Class C misdemeanors – like disorderly conduct and harassment – can have penalties that include a fine of up to $500, up to three months in jail, or both. Even misdemeanor charges can have severe consequences on your life and your record, especially if you have other criminal convictions. When facing and Alabama misdemeanor, it is important to enlist the assistance of an experienced Birmingham criminal defense attorney that understands the Alabama criminal defense system and can work with clients to create an Alabama criminal defense that is appropriate for each individual.

Contact Alabama Criminal Lawyers

If you are facing criminal charges in Alabama, contact Alabama Criminal Lawyers at (205) 981-2450 or use our online contact form.