Disorderly conduct and disorderly intoxication are broad, discretionary misdemeanors that often come out of a tense encounter rather than any real harm. Because both lean heavily on an officer’s description of the scene, and because both bump up against the First Amendment when the conduct is speech, they are among the most defensible charges in Florida.
Two Misdemeanors, One Encounter
These charges frequently arrive together, out of the same incident.
| Offense | Statute | Degree | Maximum |
|---|---|---|---|
| Disorderly conduct (breach of the peace) | 877.03 | Second-degree misdemeanor | 60 days |
| Disorderly intoxication | 856.011 | Second-degree misdemeanor | 60 days |
Both are broad, both are heavily dependent on an officer’s account, and both run into First Amendment limits when the conduct is speech. Statutes and holdings last verified June 2026.
I began as an Assistant Public Defender in Florida’s Thirteenth Judicial Circuit, in Tampa, where resisting and obstruction are among the most charged offenses in the system. They are often added on top of another arrest, or they are the only charge when the stop did not produce anything else, and they are routinely overcharged. The thread running through all of them is the same: the State has to prove the officer was in the lawful execution of a legal duty, not merely on the job, and that is where these cases are won. Learn more about my background.
The First Amendment Limit on Disorderly Conduct
Section 877.03 reads broadly, but Florida courts have narrowed it to keep it constitutional. Spoken words are protected unless they are fighting words or are used to incite an immediate breach of the peace, or unless they physically interfere with an officer carrying out a lawful duty. That means loud, profane, or insulting speech, by itself, usually cannot support a disorderly conduct conviction, which is a powerful defense when the charge is really about what someone said.
Disorderly Intoxication Needs an Actual Disturbance
Disorderly intoxication is not simply public drunkenness. The State has to prove either that you were intoxicated in public and endangered a person or property, or that you were intoxicated or drinking in public and caused a public disturbance. Intoxication plus belligerence toward an officer, standing alone, is not enough; there has to be a real disturbance, such as onlookers drawn to or affected by the scene. Where the only audience was the officer, the charge is vulnerable.
How I Defend These Charges
I look at whether the conduct was protected speech, whether there was an actual breach of the peace or public disturbance, and whether a fight was one you did not start, since self-defense is available to disorderly conduct when you were not the aggressor. Body camera footage and independent witnesses often undercut a broad charge built on an officer’s impression, and these misdemeanors are frequently good candidates for reduction, diversion, or a result that protects your record.
Common Questions
What is disorderly conduct in Florida?
Disorderly conduct, or breach of the peace, under section 877.03 covers acts that corrupt public morals, outrage public decency, disturb the peace and quiet of others, or amount to brawling or fighting. It is a second-degree misdemeanor. The statute is intentionally broad, which gives officers wide discretion and makes it one of the most over-applied charges in Florida.
Can I be arrested for what I said to police?
Usually not for words alone. Florida courts have narrowed disorderly conduct so that spoken words are protected by the First Amendment unless they are fighting words or are shouted to incite an immediate breach of the peace, or unless they physically interfere with an officer's duties. Loud, profane, or angry speech, by itself, is generally not enough to support the charge.
What is disorderly intoxication?
Disorderly intoxication under section 856.011 is being intoxicated in a public place and endangering the safety of a person or property, or being intoxicated or drinking in a public place and causing a public disturbance. It is a second-degree misdemeanor. Being drunk in public, by itself, is not the crime; there has to be danger or an actual public disturbance.
Is being loud or drunk enough to convict me?
No. For disorderly intoxication, intoxication and even belligerent behavior toward an officer, standing alone, are not enough. The State has to show an actual public disturbance, such as onlookers being drawn to or affected by the scene. Where the only audience was the officer, the charge often does not hold up.
What are the defenses to these charges?
Common defenses include that the conduct was protected speech, that there was no actual breach of the peace or public disturbance, that you were defending yourself in a fight you did not start, and that the officer's account does not match the body camera or witnesses. Because both charges are so fact-dependent, they are frequently reduced, diverted, or dismissed.
Related: Obstruction and public order overview, Resisting an officer, Loitering or prowling, and Sentencing.
This page is general information about Florida law, not legal advice, and it does not create an attorney-client relationship. These offenses are governed by chapters 843, 316, 856, 877, and 918, Florida Statutes, and the degrees and elements can change, so they should be confirmed against current law. Every case turns on its own facts, and past results do not guarantee a similar outcome.
