Understanding Wisconsin Disorderly Conduct Laws

 Posted on November 13, 2025 in Criminal Law

Anyone behaving in a way that disturbs the peace can be charged with disorderly conduct and face the associated penalties. You can be charged with disorderly conduct even if no one was actually disturbed, and the penalties can be harsh. If you have been charged with disorderly conduct, Bucher, Wolff & Sonderhouse, LLP can help. Our Milwaukee, WI disorderly conduct defense attorneys will work with you to build a strong case against the allegations.

What Are the Penalties for Disorderly Conduct in Wisconsin?

Disorderly conduct is classified as a Class B misdemeanor under Wis. Stat. § 947.01 and can result in up to 90 days in jail and a fine of up to $1,000. These crimes do not often take much to result in charges and are among the most commonly charged offenses in Wisconsin.

Even if the charge is considered "minor," the consequences can still affect your daily life. A conviction creates a criminal record, which may show up on background checks for jobs, housing, or professional opportunities. Courts may also order probation, counseling, community service, or no-contact restrictions, depending on the situation.

For many people, the most damaging part of a conviction is not the fine or jail time. It is the long-term impact it has on their reputation and future opportunities.

When Can Disorderly Conduct Become a Felony in Wisconsin?

Certain factors can increase the seriousness of a disorderly conduct charge. Examples of situations where disorderly conduct may be a felony charge include:

• The person displayed, used, or threatened to use a weapon during the incident.

• The conduct took place during a domestic abuse situation addressed under Wis. Stat. § 968.075.

• The individual has prior convictions for domestic abuse, battery, or similar offenses.

• The disturbance occurred in a protected setting, such as a school zone, hospital, or courthouse.

• The disorderly conduct was connected to stalking, harassment, or intimidation behaviors.

• The conduct resulted in physical injury to another person.

• The incident occurred while the individual was already on probation or bond.

Felony convictions in Wisconsin can lead to longer jail sentences, higher fines, and long-lasting restrictions on civil rights, including firearms possession.

Can You Be Charged With Disorderly Conduct for Speech Alone?

Speech alone can be, but rarely is, enough to charge someone with disorderly conduct. The speech must be intentionally used to cause a disturbance for it to qualify as disorderly conduct. For example, loudly shouting threats in a neighborhood, screaming insults at someone in a store, or using hateful language to provoke a fight could lead to charges. Simply expressing an opinion, even if others find it rude or offensive, is usually not enough. The key factor is whether the speech was used to create fear, disruption, or conflict. Context matters, and each situation is evaluated based on the surrounding behavior and intent.

What Happens If You Are Arrested for Disorderly Conduct in Wisconsin?

If you are arrested for disorderly conduct in Wisconsin, police will typically take you into custody and transport you to the local jail for booking. This process usually involves confirming your identity, taking fingerprints, and recording the charges. Depending on the situation, you may be released with a citation, or you may need to post bail before you can leave. Some people are held until their first court appearance, especially if there are other charges involved or if law enforcement believes the situation could continue to escalate.

Once released, you will receive information about your upcoming court date. Appearing for that date is important. Missing a court appearance can lead to additional penalties, including a possible warrant for your arrest. Speaking with a criminal defense attorney as soon as possible gives you a better chance of understanding your legal options, building a strong defense, and working toward reducing or dismissing the charges.

What Happens If Disorderly Conduct Involves a Domestic Dispute in Wisconsin?

If disorderly conduct occurs in a domestic situation, the individual involved is typically arrested and taken to jail. If the charge is a misdemeanor, bail is often available, allowing release while the case proceeds. A domestic disturbance that may result in a disorderly conduct charge can include:

• A shoving match between you and another person

• Loudly shouting/screaming profanities or lewd comments toward another person

• Provoking or threatening another person through speech or actions

• Throwing household items or objects during an argument

• Blocking someone from leaving a room or preventing them from walking away

• Using aggressive body language, such as getting very close to someone while yelling

• Continuing to argue loudly after being asked to stop by others or by the police

Those unable to post bail or who are facing a felony charge, possibly on a domestic battery offense, will likely need to stay in jail until they can present themselves in front of a judge.

Regardless of which scenario you may fall into, if there is a domestic situation, it is likely you will be given a 72-hour no-contact order. A no-contact order means that you cannot make contact with the other individual or individuals involved in the domestic disturbance.

How Do You Fight a Disorderly Conduct Charge in Illinois?

Because the law that governs disorderly conduct is broad, defending against the charge often focuses on the specific facts of what actually happened. Your attorney may challenge whether your actions truly disturbed the peace or whether the situation was misunderstood or exaggerated by others. In some cases, video footage, witness statements, or text message records can show that the behavior did not meet the legal standard for disorderly conduct.

Showing that your behavior was protected speech is a common defense since free speech laws are so strict. Your attorney may also negotiate with prosecutors for reduced charges, supervision, or dismissal, especially if you have no criminal history. Fighting the charge early can help protect your record and avoid long-term consequences.

Contact a Waukesha, WI Disorderly Conduct Defense Attorney Today

Disorderly conduct is a minor crime in Wisconsin. However, you still want to take it seriously. No matter the reason for the charge, the experienced Milwaukee County, WI disorderly conduct defense lawyers from Bucher, Wolff & Sonderhouse, LLP will vehemently defend your rights. For a free consultation to discuss your case, contact the office at 262-232-6699.