Greenwich Disorderly Conduct Aggravating Case Factors
If you have been charged with disorderly conduct and you want to know more about Greenwich disorderly conduct aggravating case factors and how they could affect you, consult an adept criminal defense lawyer that can help.Your legal advocate can identify potential aggravating factors and, can also identify potential mitigating factors that could lessen the impact of the aggravating factors. Your attorney can also conduct their own investigation, gather the necessary evidence, and use it to bolster your defense.
Drugs and Alcohol As a Factor
Drugs and alcohol serve as Greenwich disorderly conduct aggravating case factors but oddly enough, they can also mitigate matters. The reason is that if something, such as alcohol, was altering the person’s behavior, that may speak as to why the person acted out of character.
So if somebody was under the influence of an intoxicating liquor or other substance, it can be argued that this represents a deviation from their normal character and this is not the type of behavior the person normally exhibits.
In which case, it will create another concern that the person may have a substance abuse issue, but at least that can be dealt with through separate counseling and treatment which is designed to address the underlying problem if indeed it is something unrelated to the person’s general character or mindset at the time.
Involvement of Family Members in the Case
Another one of the Greenwich disorderly conduct aggravating case factors is if the people involved are family members and the reason that makes it aggravating is that the people involved in a disorderly conduct not only know each other but are family and therefore more likely to have to co-exist with each other moving forward.
The involvement of family members creates a higher level of concern not only amongst the prosecutors and judges but within the law. This level of concern arises because of the understanding that these people have to live together and move forward and co-exist in a peaceful manner and that can sometimes be difficult after a situation that resulted in someone getting arrested and then an individual has to go home and live with the person as opposed to a case where family members are not involved.
In that situation, the parties can sometimes move on and go their separate ways and potentially never see each other again and so that makes it many times easier for everyone to accept that the situation will most likely require a very small amount of intervention and monitoring.
Potential Mitigating Factors
A mitigating factor can be the general nature and character of the person who was arrested for disorderly conduct. For example, if a person has a history of being a peaceful person and just had a bad day, the prosecutor and judges will most likely be less inclined to seek punishment or even necessarily seek a conviction of the crime and be more willing to seek alternative ways to dispose of the case in order to prevent a stain on their record by having this disorderly conduct remain there.
Another mitigating factor is the type of action that was involved in the disorderly conduct. For example, if someone was arrested while trying to exercise their rights under the first amendment, for instance by way of free speech or public assembly and they are perhaps gathering where they are not allowed to assemble publicly, this could be shown as a misunderstanding as to how the person should exercise those rights.
The police and the authorities cannot restrict a person’s First Amendment rights unnecessarily. So having that element certainly mitigates circumstances to a significant degree and could result in the case being dismissed altogether.
Steps to Take Following a Disorderly Conduct Arrest
If you have been arrested for disorderly conduct, the first thing you should do is stop talking to the authorities. It is important to remain calm and stay out of trouble so that things are not further aggravated. You should also try to have minimal contact with the other person involved in the case or if a person is going to have contact with another person, ensure the contact is non-threatening and as basic as can possibly be. Lastly, you should consult a qualified disorderly conduct attorney that can help you. Your lawyer can discuss Greenwich disorderly conduct aggravating case factors and explain how they can impact your case.