Disorderly conduct is among the most frequently charged offenses in Wisconsin courts. It sounds minor. It isn’t always. Understanding what the charge actually covers — and what’s at stake — is essential before deciding how to handle it.
What Is Disorderly Conduct?
Under Wisconsin law, disorderly conduct covers engaging in violent, abusive, indecent, profane, boisterous, unreasonably loud, or otherwise disorderly conduct under circumstances in which the conduct tends to cause or provoke a disturbance. That definition is deliberately broad — it covers a wide range of behavior, from bar fights to loud arguments to certain types of online speech.
Classification and Penalties
Disorderly conduct is a Class B misdemeanor in Wisconsin, carrying a maximum penalty of 90 days in jail and a $1,000 fine. A dangerous weapon does not change the class of the offense. Section 947.01 contains no weapon enhancement — its subsection (2) runs the other way, providing that merely carrying or loading a firearm or knife is not disorderly conduct absent some other indication of criminal or malicious intent. What a weapon can add is the general enhancer at Wis. Stat. § 939.63, which increases the maximum term by up to six months while leaving the offense a Class B misdemeanor and the fine unchanged.
Domestic Disorderly Conduct
When disorderly conduct occurs in a domestic setting — involving a spouse, partner, family member, or housemate — it triggers additional consequences. A domestic disorderly conduct conviction can result in a prohibition on possessing firearms under federal law, affect custody and placement proceedings, and be used to obtain a restraining order against you.
Why It Matters on a Record
Even as a misdemeanor, a disorderly conduct conviction appears on background checks for employment, housing, and professional licensing. In certain professions — law enforcement, education, healthcare, financial services — it can be disqualifying. The charge is also commonly used as a placeholder when police are uncertain what to charge, meaning it sometimes accompanies more serious allegations that may be dropped.
Attorney Christopher Carson defends disorderly conduct charges throughout Waukesha and Milwaukee counties. Call (262) 860-8932.
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About the author. Christopher S. Carson, J.D., M.A., has practiced law in Milwaukee for 34 years. He holds an M.A. in International Security Studies from Georgetown University, where he was the Bradley Fellow, was formerly with the American Enterprise Institute, and is a contributing editor at the New English Review. Read the full biography.
More on this: Criminal defense practice at Carson Law Office · Schedule a free consultation · (262) 860-8932
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This article is general information about Wisconsin law, not legal advice about your situation, and reading it does not create an attorney-client relationship.