You got into an argument outside a bar on South Street. Maybe you were at a Phillies game and things got rowdy in the parking lot. Whatever happened, Philadelphia police slapped you with a disorderly conduct or public intoxication charge — and now you’re wondering whether it’s really a big deal. After all, it’s just a summary offense, right?
Wrong. That thinking is one of the most dangerous mistakes Philadelphia defendants make. A disorderly conduct conviction in Pennsylvania goes on your permanent criminal record. It shows up on background checks. It can cost you a job, a professional license, or a security clearance. And if you walk into a summary hearing without an attorney who understands how these cases are actually prosecuted, you risk a conviction you could have avoided.
Having spent over a decade in the Philadelphia District Attorney’s Office — including time in the elite homicide unit — I’ve seen exactly how these cases are built. I know what prosecutors look for, what evidence holds up in court, and where the weaknesses in these charges tend to be. In this article, I’ll explain what disorderly conduct and public intoxication charges really mean in Philadelphia, why they’re more serious than most people think, and what you can do about them.
What Are Disorderly Conduct and Public Intoxication Charges in Philadelphia?
Pennsylvania’s disorderly conduct statute — 18 Pa. C.S. § 5503 — makes it a crime to engage in fighting, threatening, violent or tumultuous behavior; to make unreasonable noise; to use obscene language or make obscene gestures in public; or to create a hazardous or physically offensive condition with no legitimate purpose. The charge can be filed as a summary offense (the lower tier) or a misdemeanor of the third degree, depending on intent and the circumstances.
Public intoxication falls under 18 Pa. C.S. § 5505. The law targets individuals who appear in public places while manifestly under the influence of alcohol or drugs to a degree that poses a danger to themselves or others, or that annoys persons in the vicinity. It is a summary offense.
Philadelphia defendants facing these charges come from all walks of life: college students on South Street, professionals at after-work events in Center City, sports fans after Eagles and Phillies games, and people simply in the wrong place at the wrong time. What unites them is the mistaken belief that a minor charge doesn’t require serious attention.
| Who Commonly Faces These Charges in Philadelphia: • Bar or nightclub altercations (South Street, Old City, Fishtown) • Sports events (Lincoln Financial Field, Citizens Bank Park, Wells Fargo Center) • Street disagreements in Center City, Kensington, or North Philadelphia • Public transit incidents (SEPTA) • Neighborhood disputes that escalate outdoors |
The Real Causes: Why These Charges Happen — And Why They Stick
Most people assume disorderly conduct and public intoxication charges are simple to beat. They’re not, and here’s why: Philadelphia prosecutors have seen every defense argument in the book. Understanding how these charges are actually built — and why they succeed — is the first step toward fighting them effectively.
Cause 1: Misreading What Prosecutors Actually Need to Prove
Here’s what most defendants don’t know: the bar for a disorderly conduct conviction is not as high as you’d think. Prosecutors in Philadelphia do not need to prove that you intended to cause a disturbance in the most serious sense. For a summary charge, they need to show conduct that created a risk of public inconvenience, annoyance, or alarm. A heated argument in a parking lot can meet that threshold. Loud, belligerent behavior outside a bar absolutely can.
When I was prosecuting cases in the Philadelphia DA’s Office, we evaluated disorderly conduct charges by asking: Was there a public component? Was there conduct — not just words — that created disruption or alarm? Did witnesses or officers observe it directly? If the answers were yes, the case was straightforward to prosecute. Defendants who thought they could walk in and explain themselves almost always made their situation worse.
Cause 2: Police Report Language Creates a Paper Trail
Philadelphia police officers are trained to document observations in specific language that tracks the statutory elements of these offenses. When an officer writes that you were ‘acting in a tumultuous manner,’ ‘creating a hazardous condition,’ or ‘manifestly under the influence to a degree that annoyed bystanders,’ those exact phrases map onto the law. By the time the case reaches a summary hearing, there is a written record crafted to support conviction.
Many defendants read their citation and think the officer exaggerated. That may be true — but it doesn’t matter unless you challenge it with specific evidence, a legal argument, or a credible witness. Walking into court and simply saying ‘that’s not what happened’ rarely works.
Cause 3: The Consequences Compound Quickly
A first-time disorderly conduct conviction in Pennsylvania can result in a fine of up to $500 for a summary offense or up to 90 days in jail and a $2,500 fine for a misdemeanor of the third degree. Beyond the immediate penalties, the conviction stays on your record. Run a background check on yourself two years later — it will appear. Apply for a nursing license, a teaching certification, a federal security clearance, or a job in law enforcement — it may cost you the opportunity.
The compounding problem is that people treat the first charge as inconsequential. A second charge in a short period — especially if alcohol is involved — starts creating a pattern that prosecutors and judges take far more seriously. What begins as a quick summary hearing can lay the groundwork for significantly worse outcomes down the road.
Cause 4: Self-Representation at Summary Hearings
Philadelphia summary hearings move fast. Officers show up. Magistrates listen briefly. Defendants who come in alone, without counsel, often say too much — providing an admission the prosecution didn’t even need. Or they accept a fine to ‘just get it over with,’ not realizing they’ve created a permanent record. Having prosecuted hundreds of cases, I can tell you that an experienced Philadelphia criminal defense attorney changes the calculus entirely. We know what to challenge, what to suppress, and when a diversionary option — like an ARD (Accelerated Rehabilitative Disposition) program — is available.
Solution: How Philadelphia Defendants Fight These Charges
The good news is that disorderly conduct and public intoxication charges are among the more defensible charges in the Pennsylvania criminal system — but only if you approach them strategically. Here is what an experienced Philadelphia criminal defense attorney does to fight back.
Immediate Steps — What to Do Right Now
- Exercise your right to remain silent. Do not explain yourself to police, do not apologize, do not offer context. Anything you say will be documented and can be used.
- Do not consent to any search of your person or belongings.
- Note the time, location, badge numbers of officers involved, and names of any witnesses who saw what actually happened.
- Do not discuss the incident on social media. Screenshots are routinely used as evidence.
- Contact an experienced Philadelphia criminal defense attorney before your summary hearing date.
Defense Strategy: Challenging the Charge
Effective defense strategy for disorderly conduct in Philadelphia typically involves one or more of the following approaches:
- Challenging the sufficiency of evidence: Did the conduct actually create a hazard or substantial alarm — or was it simply loud and annoying? These are legally distinct. Pennsylvania courts have consistently held that mere loud argument, without more, does not always satisfy the statute.
- Challenging the legality of the stop or arrest: If Philadelphia police lacked reasonable suspicion to stop you or probable cause to arrest you, evidence obtained from that stop — including officer observations — may be suppressible.
- Witness testimony: Bystanders who can testify to what they actually observed often make the difference between conviction and dismissal.
- ARD program eligibility: First-time offenders in Philadelphia may be eligible for the Accelerated Rehabilitative Disposition program, which allows the charge to be dismissed upon successful completion. This is especially valuable for defendants whose careers or licenses are at risk.
- Negotiation for reduced charges: In some cases, negotiating a non-criminal resolution — such as a civil citation — preserves your record while resolving the matter.
Why a Former Prosecutor Makes the Difference
The most effective defense strategy — one I’ve proven in over 400 jury trials — is built on understanding how the prosecution thinks before they make their first move. I spent over a decade in the Philadelphia DA’s Office building cases. I know what evidence prosecutors find compelling, what arguments they dismiss, and where the structural weaknesses in these charges lie.
When I take on a disorderly conduct or public intoxication case in Philadelphia, I’m not guessing at strategy. I’m applying 10+ years of prosecutorial knowledge to dismantle the case from the inside out. That’s a level of insight that most defense attorneys simply don’t have — because they’ve never been on the other side.
Why Philadelphia Defendants Choose DiDonato & Burke
DiDonato & Burke Law Firm has served Philadelphia for over 30 years. What sets us apart isn’t just experience — it’s the specific kind of experience that matters most in criminal defense.
| Our Advantages for Philadelphia Defendants: • Former Philadelphia prosecutor — Thomas Burke spent 10+ years in the DA’s Office, including the elite homicide unit • 400+ jury trials personally tried — proven in courtrooms across Philadelphia $10 million civil rights verdict — including a case where a falsely accused client was acquitted in under 30 minutes, then sued police and won • Direct attorney access — you work with Thomas Burke, not a junior associate or paralegal • Intentionally small firm — every client receives personal attention and aggressive advocacy • Licensed in Pennsylvania, New Jersey, and Federal Courts |
One of our most striking results: a client falsely accused spent three years in jail while two other lawyers told him to plead guilty. We took the case. The jury acquitted in under 30 minutes. Then we sued the police — and won $10 million. We don’t believe in giving up when others quit. When winning matters most, that philosophy makes all the difference.
Frequently Asked Questions
Is disorderly conduct a criminal charge in Pennsylvania?
Yes. In Pennsylvania, disorderly conduct is a summary offense or misdemeanor of the third degree under 18 Pa. C.S. § 5503, depending on the circumstances. Even a summary conviction creates a criminal record that can appear on background checks and affect employment, housing, and professional licensing.
Can a disorderly conduct charge be expunged in Pennsylvania?
Summary convictions in Pennsylvania may be eligible for expungement after five years with no subsequent convictions. Misdemeanor disorderly conduct is harder to expunge. An experienced Philadelphia criminal defense attorney can evaluate your eligibility and file the appropriate petition.
What is public intoxication under Pennsylvania law?
Pennsylvania’s public intoxication statute (18 Pa. C.S. § 5505) makes it a summary offense to appear in a public place while manifestly under the influence of alcohol or drugs in a way that poses danger to yourself or others, or that annoys others. Merely being intoxicated in public is not enough — the prosecution must prove the additional elements of danger or annoyance.
How much does a criminal defense attorney cost for disorderly conduct in Philadelphia?
Attorney fees vary based on case complexity, your record, and whether the matter goes to hearing. At DiDonato & Burke, we offer free consultations to evaluate your situation. Many disorderly conduct matters can be resolved efficiently with experienced representation, often saving far more in long-term consequences than the cost of an attorney.
Can disorderly conduct charges be dismissed in Philadelphia?
Yes. Dismissal is possible for several reasons: insufficient evidence that conduct created a hazard or substantial alarm, unlawful police stop or arrest, lack of intent, or successful completion of an ARD program. An attorney who knows how Philadelphia prosecutors evaluate these cases can identify the strongest path to dismissal.
Will a disorderly conduct conviction affect my job or professional license in Pennsylvania?
It can. Many employers, licensing boards, and security clearance agencies run background checks that show summary convictions. Professions like nursing, teaching, law, and government employment are especially sensitive. Protecting your record — even on a charge that seems minor — is worth taking seriously.
What should I do immediately after being arrested for disorderly conduct in Philadelphia?
Exercise your right to remain silent immediately. Do not explain yourself to police or bystanders. Politely decline any search of your person or belongings. Note the names and badge numbers of officers involved if possible. Then contact an experienced Philadelphia criminal defense attorney before your summary hearing date.
What is the benefit of hiring a former prosecutor for a disorderly conduct case?
A former prosecutor knows exactly how these cases are evaluated and what weaknesses exist in the charge. Thomas Burke spent over a decade in the Philadelphia DA’s Office and knows what evidence prosecutors rely on, what challenges are most effective, and how to negotiate from a position of strength — knowledge that takes years to develop.
Next Steps — Take Action Before Your Hearing
| Key Takeaways: • Disorderly conduct and public intoxication are criminal offenses in Pennsylvania — not just tickets • Even summary convictions create permanent records visible on background checks • Self-representation at summary hearings frequently leads to preventable convictions • An experienced Philadelphia criminal defense attorney can challenge the evidence, negotiate dismissal, or pursue ARD • You should contact an attorney before your hearing date — not after |
If you or someone you know is facing disorderly conduct or public intoxication charges in Philadelphia, do not wait until the morning of your hearing. Call DiDonato & Burke Law Firm now for a free, confidential consultation. Former prosecutor Thomas Burke will review your situation, explain your options, and tell you exactly what to expect.
About the Author
| Thomas F. Burke, Esquire Criminal Defense Attorney | Managing Partner | Former Philadelphia Homicide Prosecutor Thomas F. Burke is a former Philadelphia homicide prosecutor and managing partner at DiDonato & Burke Law Firm. During his 10+ years in the Philadelphia District Attorney’s Office, Mr. Burke tried over 400 jury trials and became one of the youngest prosecutors elevated to the elite homicide unit. Since 2003, he has used his prosecutorial experience to defend clients facing charges from misdemeanors to murder — including a $10 million civil rights verdict for a client falsely accused by police. Contact him at (215) 567-1248 for a free consultation. |
