Public order offences
Get expert legal help when things get out of hand
Public order offences include a range of behaviours that disrupt peace and order in the community. They include:
- Disorderly conduct
- Riot and affray
- Offensive language or behaviour
- Animal cruelty.
Typically, these offences can occur unexpectedly. While they may not be considered as serious as other offences (for example, those involving drugs, serious harm or death), they can often escalate quickly. This means they may carry serious penalties, including significant fines and even imprisonment.
If you’re charged with a public order offence, engaging a criminal lawyer as soon as possible can make a big difference to how the charges are handled, as well as the penalty.
We’re expert public order offence lawyers in Adelaide, helping clients throughout South Australia.
Get in touch to find out more about our services.
Frequently asked questions about public order offences in South Australia
What is a public order offence?
There are different types of public order offences, including:
Disorderly or offensive conduct or language
This offence can arise in different ways, including when a person:
- Disturbs the public peace
- Fights with another person
- Uses offensive language in a public place or in a police station.
An example of disorderly or offensive conduct is where a person is abusive towards another person on the street. Intoxication is often a factor in disorderly conduct charges.
Violent disorder
This offence arises when three or more people, who are together, use or threaten someone with unlawful violence, causing that person to reasonably fear for their personal safety.
It can happen in both private and public places.
Riot
This offence can arise when 12 or more people, who are together, use or threaten someone with unlawful violence. They do so in the knowledge that their conduct might be violent and cause that person to reasonably fear for their safety.
It can happen in both private and public places.
Affray
This offence arises when a person uses or threatens violence towards another person, causing that person to reasonably fear for their personal safety.
Ill treatment of an animal
This offence can arise in different ways, including where a person:
- Intentionally, recklessly or unreasonably causes unnecessary harm to an animal
- Is the owner of the animal and abandons it
- Is the owner of the animal and fails to provide it with appropriate and adequate food, water, living conditions or exercise.
Have you been charged with a public order offence? Contact us to find out how we can help.
What are the maximum penalties for public order offences?
The maximum penalties for public order offences can vary depending on the offence. For example, some offences carry fines of between $1,250 and $10,000, while others attract terms of imprisonment of up to 10 years.
Once we have more information about the charges, we can advise you about potential penalties and identify any circumstances that may help reduce the sentence.
Have you been charged with a public order offence? Contact us to find out how we can help.
Is it possible to defend a public order offence?
There are several defences to public order offences, including:
- Lack of intent
- Self-defence
- Necessity
- Duress
There are also other defences, depending on the circumstances.
As your lawyers, we undertake a careful analysis of the evidence. We also explore all options for defending a charge, including assessing the risks and benefits of each.
We give honest and straightforward advice about your chances of success. Even if a defence is not available, we can help you make informed decisions about your other options, for example:
- Pleading guilty (in which case you may be entitled to a reduced sentence)
- Negotiating with the prosecution, either to discontinue the charge or to reduce the charge to one with a lesser penalty
- Pleading not guilty and taking the matter to trial.
What to do next
If you’re charged with a public order offence, getting legal advice as soon as possible can significantly affect the outcome of your matter. Our legal advice includes:
- Explaining the charges
- Outlining your rights
- Assessing the strength of the evidence
- Identifying any possible defences.
We’re highly experienced in defending public order offences in South Australia. We’re known for our trusted advice and affordable, steady guidance. Get in touch to learn more.