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Can I Go to Jail for Disorderly Conduct in TX?

Jim Spangler

Jul 24, 2026

If you’ve been accused of engaging in behavior that disrupts the public, you’re likely facing a disorderly conduct charge. While a first-time offense may not result in substantial time behind bars, it can create a criminal record if not handled properly. An experienced Dallas County Criminal Lawyer can help you make informed decisions about your future and protect your rights. Please continue reading to learn the potential consequences of disorderly conduct in Texas and how the legal team at Spangler Law can help shield you from an uncertain future.

What Actions Can Lead to a Disorderly Conduct Charge in Texas?

First and foremost, disorderly conduct is defined in Texas Penal Code Sec. 42.01 as “intentionally disrupting the public peace or safety through actions like engaging in physical altercations, offensive verbal outbursts, excessive noise levels, or displaying or using weapons in a communal setting.” Common examples of disorderly conduct in Texas are as follows:

  • Fighting or engaging in violent behavior in public
  • Using vulgar, profane, or abusive language
  • Making unreasonable noise (85 decibels)
  • Exposing genitals in public
  • Displaying a firearm or deadly weapon in public
  • Discharging a firearm in a public place

What Are the Potential Penalties?

If you’ve been charged with disorderly conduct in Texas, it’s crucial to understand the penalties that may follow a conviction. Penalties may include the following:

  • Class C Misdemeanor: Generally, disorderly conduct is charged as a Class C misdemeanor, which is punishable by a fine of up to .
  • Class B Misdemeanor: This offense applies if the disorderly conduct involves discharging or displaying a firearm. A Class B misdemeanor is punishable by up to 180 days in jail and a fine of up to ,000.

It should be noted that, despite being a low-level offense, a conviction can still result in a criminal record, which can affect future employment, housing, and education opportunities. Additionally, first-time offenders may participate in diversion programs, allowing dismissal after completion.

Can Disorderly Conduct Charges Be Dismissed?

Depending on the unique circumstances of the incident, disorderly conduct charges may be dismissed or reduced through legal defenses, negotiations, and diversion programs. At Spangler Law, our legal team is ready to challenge the prosecution's evidence and present compelling evidence to have the charges dismissed or reduced to a lesser ordinance violation. Failure to prove “reckless intent” or “public alarm” can result in the case being dropped.

An Adjournment in Contemplation of Dismissal (ACD) is a common outcome that involves the case being dismissed and sealed as long as you stay out of trouble for a specific period. Furthermore, you may be able to complete a diversion program in exchange for the case being dismissed.

For more information, please don’t hesitate to contact the dedicated legal team at Spangler Law.