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Charged With Disorderly Conduct After a House Party? Your Defense Options

May 27, 2025

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House parties are meant to be fun—but they can take a wrong turn fast. All it takes is a noise complaint, a heated argument, or an unexpected visit from law enforcement for things to spiral out of control. Suddenly, you find yourself facing a disorderly conduct charge.

Disorderly conduct may sound minor, but make no mistake: this is a criminal offense that can lead to serious consequences in Pennsylvania. If you or someone you care about has been charged with disorderly conduct after a house party in Philadelphia, you need to understand what you're facing—and what your legal defense options are.

At van der Veen, Hartshorn, Levin & Lindheim, we defend individuals who find themselves in difficult situations. Let’s walk through what disorderly conduct actually means, what penalties you could face, and how a strong legal strategy can protect your future.

What Is Disorderly Conduct in Pennsylvania?

Under Pennsylvania law, disorderly conduct is defined broadly. According to Title 18, Chapter 55, Section 3 of the Pennsylvania Consolidated Statutes, a person commits disorderly conduct if, with the intent to cause public inconvenience, annoyance, or alarm—or recklessly creating a risk thereof—they:

  • Engage in fighting or threatening, or in violent or tumultuous behavior
  • Make unreasonable noise
  • Use obscene language or gestures in public
  • Create a hazardous or physically offensive condition by an act that serves no legitimate purpose

This wide definition means that many different behaviors—especially at large gatherings like house parties—could lead to a disorderly conduct charge, even if you had no criminal intent.

Common Examples of Disorderly Conduct at House Parties

While every case is different, here are some common scenarios that can lead to charges:

  • Arguing loudly with another guest or neighbor
  • Physical altercations or pushing/shoving matches
  • Refusing to quiet down when police respond to a noise complaint
  • Yelling profanities in a residential neighborhood late at night
  • Blocking streets, sidewalks, or creating public disturbances outside the house

In many cases, alcohol is a factor. When people are drinking, inhibitions drop and behavior can escalate quickly. Law enforcement often uses disorderly conduct as a catch-all charge when they need to control a situation or disperse a crowd.

Is Disorderly Conduct a Misdemeanor or Summary Offense?

In Pennsylvania, disorderly conduct is typically charged as a summary offense, which is the least serious type of criminal charge. However, it can be upgraded to a third-degree misdemeanor if the prosecutor believes your conduct presented a higher risk or had serious consequences.

  • Summary offense: Up to 90 days in jail and a fine up to $750
  • Third-degree misdemeanor: Up to 1 year in jail and a fine up to $2,500

Even a summary conviction creates a criminal record, which can show up on background checks and affect employment, housing, and future legal matters.

What Are the Defense Options for a Disorderly Conduct Charge?

Being charged doesn’t mean you’ll be convicted. There are several legal strategies a skilled criminal defense attorney can use to fight a disorderly conduct charge:

1. Lack of Intent

The law requires that you acted with intent to cause public inconvenience or recklessly created risk. If your behavior was accidental, taken out of context, or not disruptive, your defense attorney may argue that you lacked the required intent.

2. Free Speech Protections

Yelling or using profanity is not automatically criminal. The First Amendment protects many forms of speech, even if they’re offensive or loud. If your conduct involved speech rather than violence or physical disruption, a free speech defense may apply.

3. No Public Disruption

Disorderly conduct requires that your actions occurred in a public setting or had a public impact. If the incident took place in a private home without affecting the public, this could weaken the prosecution’s case.

4. Mistaken Identity or False Allegations

In chaotic house party environments, witnesses can be mistaken—or even dishonest. Your disorderly conduct defense attorney can investigate whether you were misidentified or unfairly singled out by police or partygoers.

5. Insufficient Evidence

If there’s no clear video, no credible witnesses, or no police observation of your behavior, the prosecution may struggle to meet their burden of proof.

Can Disorderly Conduct Charges Be Dismissed or Expunged?

Yes. With the right defense, it is often possible to have disorderly conduct charges dismissed or reduced. In some cases, especially for first-time offenders, you may qualify for a diversionary program such as Accelerated Rehabilitative Disposition (ARD). Completing the program can allow you to avoid a conviction and later expunge your record.

Even if you're convicted, summary offenses and some misdemeanors can often be expunged after five years, as long as you stay out of further legal trouble. Your attorney can explain your eligibility and help you pursue record-clearing options when the time is right.

Why You Should Take a Disorderly Conduct Charge Seriously

It’s easy to think of disorderly conduct as “no big deal,” especially if it’s a first offense. But the reality is, any criminal record can follow you. A conviction could:

  • Appear on job applications and background checks
  • Impact your ability to rent housing
  • Affect your eligibility for student loans or professional licenses
  • Create problems in future legal matters, like child custody or immigration

The stakes are higher than they seem—and ignoring the charge or just “pleading guilty to get it over with” can hurt you in the long run.

What to Do If You’ve Been Charged With Disorderly Conduct in Philly

If you’ve been arrested or cited for disorderly conduct after a house party in Philadelphia:

  1. Stay calm and cooperate with law enforcement. Avoid arguing or resisting.
  2. Do not admit fault or try to explain your side to police without a lawyer present.
  3. Contact a criminal defense attorney as soon as possible.
  4. Gather any evidence that could help your case—photos, videos, messages, witness names.
  5. Avoid discussing the incident on social media or with friends who could be called as witnesses.

Were You Recently Charged with Disorderly Conduct in Philadelphia? Let van der Veen, Hartshorn, Levin & Lindheim Protect Your Record

At van der Veen, Hartshorn, Levin & Lindheim, we take every criminal charge seriously—because we know what’s at stake. Our experienced criminal defense attorneys have successfully defended countless clients charged with misdemeanor offenses in Philadelphia.

We know how prosecutors operate. We know how to challenge weak evidence. And we know how to position your case for the best possible outcome—whether that means getting the charge dropped, negotiating enrollment in a diversion program, or fighting for your acquittal in court.

If you’re facing a disorderly conduct charge in Philly, don’t wait. Contact van der Veen, Hartshorn, Levin & Lindheim today for a free consultation. We’ll walk you through your options, protect your rights, and fight to keep your record clean.

One charge shouldn’t define your future. Let us help you take control of your defense. We represent clients in North Philadelphia, Center City, Willow Grove, Drexel Hill, and the surrounding areas.

Disclaimer: This blog is intended for informational purposes only and does not establish an attorney-client relationship. It should not be considered as legal advice. For personalized legal assistance, please consult our team directly.

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