Atlanta rapper, T.I. is facing the following charges in Henry County:
According to the police reports, T.I. was intoxicated at the Eagles Landing Country Club in Stockbridge and acted violently towards a security guard.
As a Georgia Criminal Defense Lawyer, I will focus today's post on the criminal offense of disorderly conduct as it covers a broad range of actions, and there are certain ways for us to defend against it.
What constitutes disorderly conduct in Georgia?
Georgia law defines disorderly conduct by outlining a multitude of acts:
- When a person acts in a violent or tumultuous manner toward another person whereby such person is placed in reasonable fear of the safety of such person's life, limb, or health;
- When a person acts in a violence or tumultuous manner toward another person whereby the property of such person is placed in danger of being damaged or destroyed;
- When a person without provocation, uses to or of another person in such other person's presence, opprobrious or abusive words which by their very utterance tend to incite to an immediate breach of the peace, that is to say, words which as a matter of common knowledge and under ordinary circumstances will, when used to or of another person in such other person's presence, naturally tend to provoke violent resentment, that is, words commonly called “fighting words”; or
- When a person without provocation, uses obscene and vulgar or profane language in the presence of or by telephone to a person under the age of 14 years which threatens an immediate breach of the peace. O.C.G.A. §16-11-39.
To be convicted of disorderly conduct, the prosecution must show that the accused person is guilty beyond a reasonable doubt.
This can be done a number of ways.
- By demonstrating that the accused person placed another in reasonable fear for his or her own safety.
- By demonstrating that the accused person placed another in reasonable fear that his or her property will be damaged or destroyed.
- By demonstrating that the accused person used fighting words to incite a breach of the peace (fighting words as words that are abusive and naturally tend to provoke a violent resentment).
If convicted, the person is guilty of a misdemeanor. Misdemeanor convictions can include up to 12 months in jail or up to $1,000 in fines or both.
There are many Georgia Criminal Defenses that can apply to disorderly conduct. These defenses include but are not limited to:
- Sufficient provocation of the accused person.
- The words did not amount to fighting words.
- The alleged victim's fear was unreasonable.
T.I.'s attorney made the statement: “The misdemeanor charges brought against T.I. are baseless, ill-founded and unjustified.” This may be true, however, regardless of the charges against T.I. or the statements of his lawyer regarding the charges, it is true that everyone has the presumption of innocence until proven guilty beyond a reasonable doubt.
If you have been charged with a crime, contact us today.