Is Yelling at a Cop Considered “Disorderly Conduct” in Florida?

By: John Guidry

Disorderly conduct is something every one of us has witnessed at one point in our lives. Maybe it was a rowdy Friday night on Orange Avenue, or a heated argument in a parking lot after a game. We see it, we shake our heads, and we move on.

But here is the thing: for that conduct to actually rise to the level of being “criminal,” the State needs a lot more than just a loud voice and a bad attitude.

The charge is found in Florida Statute 877.03, and frankly, the definition sounds a tad circular. It says you are guilty if you commit acts that “corrupt the public morals” or “engage in such conduct as to constitute a breach of the peace or disorderly conduct.”

So, you are guilty of disorderly conduct if you engage in conduct that constitutes disorderly conduct? Exactly. It’s a vague law, and that vagueness is often where we find your defense.

Was your “rowdy” night turned into a criminal record?

Don’t plead guilty just because you’re embarrassed. Call John today at (407) 423-1117 for a free consultation.

The Legal Breakdown: C.N. v. State

To understand how tough it is for the State to actually prove these cases, let’s look at the case of C.N. v. State, 49 So. 3d 931 (Fla. 2d DCA 2010).

This case sheds some light on how courts apply these confusing laws when emotions run high.

• The Scene: A crowd of teenagers was hanging out after a dance in Lakeland. The police received complaints about noise, property damage, and fighting. The scene was described as “chaotic.”
• The Incident: Officers started arresting teens to calm the crowd. One girl, C.N., was still shouting and using foul language. An officer told her to move along because he feared her words would instigate a fight. She refused, tensed up, and kept cursing.
• The Charge: She was arrested and found guilty of Disorderly Conduct and Resisting an Officer Without Violence.
• The Argument: The State argued that her words incited others to fight, creating a breach of the peace.

The Ruling: The conviction was overturned. The court found that:

• Words Alone Are Rarely Enough: To prove disorderly conduct based on words alone, the State must show that the words either caused a crowd to gather (creating a safety concern) or actually incited the crowd to engage in an immediate breach of the peace.
• No Incitement: In C.N.’s case, no one actually started fighting because of her yelling.
• Profanity is Protected: The court cited other cases confirming that screaming profanities at police—while rude—is generally not a crime unless it incites immediate violence.

John’s Takeaways

I’ve been defending criminal cases in Orlando since 1993, and I have quite a few clients come to me and say, “Yea John, I was pretty out of control the other night, what am I facing?”

I say, don’t be so hard on yourself! Just because you were loud doesn’t mean you are a criminal. Here is what you need to know:

• Being “Annoying” isn’t Illegal: The police often use the Disorderly Conduct statute as a “catch-all” when someone is being uncooperative. But annoying the police is not a crime.
• The “Incitement” Requirement: If you were just yelling, and no one else reacted or tried to fight, the State has a very hard time proving you breached the peace.
• Words vs. Actions: Florida courts have consistently ruled that shouting and profanity—even at deputies—is protected speech unless it creates a specific safety risk.
• Resisting often Falls with the Charge: If the arrest for Disorderly Conduct was illegal (because your speech was protected), the charge for Resisting Without Violence often gets thrown out too. You can’t resist an unlawful arrest (in certain contexts regarding non-violent resistance).

Let’s Review Your Case

Depending on the facts, you may be facing a dismissal rather than a conviction. Don’t let a bad night define your future.

If you have been charged with Disorderly Conduct in Orange, Seminole, Osceola, Lake, Brevard, or Volusia County, let’s see if the State can actually back up their claims.

Call me at (407) 423-1117. Let’s talk.

About John Guidry II

John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 30 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.

Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.

Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.

When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.