Wisconsin disorderly conduct is a Class B misdemeanor under Wisconsin Statute 947.01, punishable by up to 90 days in jail and a $1,000 fine, plus mandatory surcharges that often push the real cost past $1,000 on their own.1Wisconsin State Legislature. Wisconsin Code 947.01 – Disorderly Conduct It’s one of the most frequently filed charges in the state because the statute is written broadly and prosecutors have wide discretion in using it. The fine print, the enhancements, and the collateral consequences are where most people get hurt.
What the Law Actually Prohibits
To convict you, the state has to prove two things. First, that your behavior was violent, abusive, profane, unreasonably loud, or otherwise disorderly. Second, that it happened under circumstances that tend to cause or provoke a disturbance.2Wisconsin Court System. State v. Douglas D. Both elements must be present. An actual disturbance doesn’t have to occur; it’s enough that the conduct was the kind that tends to disturb others.
Context does most of the work. The Wisconsin Supreme Court has described the statute as reaching “substantial intrusions which offend the normal sensibilities of average persons” and “significantly abusive or disturbing demeanor in the eyes of reasonable persons.”2Wisconsin Court System. State v. Douglas D. The same behavior can be lawful in one setting and criminal in another.
A detail that surprises people: the statute reaches private conduct, not just public conduct. In State v. Schwebke, the Wisconsin Supreme Court held that sending repeated unwelcome anonymous mailings qualified as “otherwise disorderly conduct,” because the statute doesn’t require direct public disruption as long as there’s a real possibility the disturbance could spread.3Justia. State v. Glenn F. Schwebke
Conduct That Commonly Gets Charged
Physical Altercations
A physical fight or aggressive contact can produce a disorderly conduct charge even if no one is hurt. Pushing, shoving, or grabbing someone during an argument is enough. When there’s actual bodily harm, prosecutors can add a battery charge under Wisconsin Statute 940.19, a Class A misdemeanor that carries up to nine months in jail.4Wisconsin State Legislature. Wisconsin Statutes 940.19 – Battery; Substantial Battery; Aggravated Battery
Unreasonable Noise
Excessive noise can support a charge, but time, place, and volume matter. Shouting or blasting music in a residential neighborhood at 2 a.m. is treated very differently from the same conduct at a daytime block party. The volume itself is a non-speech element the state can penalize, even where the words would otherwise be protected. Many Wisconsin municipalities also have noise ordinances that produce separate fines.
Threatening or Abusive Language
Verbal threats, intimidation, or language meant to provoke fear or violence can qualify. But when a charge rests on words alone, the First Amendment limits what the state can prosecute. Speech is only chargeable if it falls into an unprotected category: fighting words, incitement to imminent lawless action, true threats, or obscenity.5Wisconsin Court System. Wisconsin Court of Appeals – Disorderly Conduct and First Amendment
What a Conviction Costs
The statutory maximum is 90 days in jail and a $1,000 fine.6Wisconsin State Legislature. Wisconsin Code 939.51 – Classification of Misdemeanors First-time offenders rarely see the maximum. Judges often impose probation, community service, or counseling instead of jail, particularly where substance abuse or anger issues were in play.
The fine is the smaller problem. Wisconsin stacks mandatory surcharges on every criminal fine, and they add up fast. On a single-count disorderly conduct conviction, you can expect at minimum:
- Clerk fee: $163 per count
- Penalty surcharge: 26% of the fine
- Victim/witness surcharge: $67 per misdemeanor count
- Crime lab surcharge: $13 per count
- Justice information surcharge: $21.50
- DNA analysis surcharge: $200 per misdemeanor conviction
- Jail surcharge: 1% of the fine or $10, whichever is greater
On a $500 fine, these add-ons push the total well past $1,000.7Wisconsin Court System. Wisconsin Circuit Court Fee, Forfeiture, Fine and Surcharge Tables The victim/witness surcharge cannot be waived. Budget for the full stack, not the headline fine.
When the Penalties Get Worse
Dangerous Weapon Enhancer
Committing disorderly conduct while possessing, using, or threatening to use a dangerous weapon adds up to six months to the maximum jail sentence under Wisconsin Statute 939.63, on top of the 90-day base.8Wisconsin State Legislature. Wisconsin Statutes 939.63 – Penalties; Use of a Dangerous Weapon Brandishing a firearm can also trigger separate felony charges for recklessly endangering safety under Wisconsin Statute 941.30, which ranges from a Class G to a Class F felony.9Wisconsin State Legislature. Wisconsin Code 941.30 – Recklessly Endangering Safety
Domestic Abuse Modifier
When the conduct occurs in a domestic setting, the exposure jumps. Wisconsin law requires officers to make an arrest when they have probable cause to believe domestic abuse has occurred. A conviction carrying the domestic abuse modifier adds a mandatory $100 surcharge per count on top of everything else.7Wisconsin Court System. Wisconsin Circuit Court Fee, Forfeiture, Fine and Surcharge Tables Courts can order counseling, extend probation, and issue a domestic abuse injunction barring contact with the victim.
The federal consequence is the one that lasts. Under 18 U.S.C. ยง 922(g)(9), anyone convicted of a misdemeanor crime of domestic violence is permanently barred from possessing any firearm or ammunition.10Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts There is no government-employee exception. Violating the ban is a separate federal crime carrying up to 15 years in prison.11Bureau of Alcohol, Tobacco, Firearms, and Explosives. Misdemeanor Crimes of Domestic Violence Prohibitions For gun owners, hunters, and anyone in law enforcement or the military, this is often the most damaging consequence of the entire case.
Defenses That Work
First Amendment Protection
When a charge rests on what you said rather than what you did, the state has to clear a higher bar. The Wisconsin Supreme Court has held that “speech alone” can only be penalized if it falls into an unprotected category: fighting words, true threats, incitement, or obscenity. In State v. Douglas D., the court acknowledged written speech could technically qualify as disorderly conduct but reversed the conviction because the speech was constitutionally protected.2Wisconsin Court System. State v. Douglas D. Volume is treated separately: shouting at an unreasonable level carries a non-speech element that can be penalized even when the words themselves are protected.
No Circumstances Tending to Cause a Disturbance
The second element of the statute often does more defense work than people expect. If the conduct occurred where no reasonable person would have been disturbed, the element fails. An empty parking lot at noon is not a quiet residential street at midnight. Defense attorneys regularly attack this element by showing the context couldn’t realistically produce a disturbance.
Self-Defense and Provocation
If the behavior was a response to an immediate physical threat, Wisconsin’s self-defense laws may apply. Conduct that looks disorderly in isolation can be justified when the full context is laid out. Provocation by the alleged victim is also relevant, especially in mutual confrontations.
How the Case Moves Through Court
A disorderly conduct case starts with either a citation or an arrest and booking. For a standalone misdemeanor, most defendants are released on a signature bond or a modest cash bond unless aggravating factors are present.
Most cases are resolved before trial. The common outcomes:
- Reduction to a municipal ordinance violation. The prosecutor amends the criminal misdemeanor to a non-criminal ordinance, resulting in a forfeiture rather than a conviction. This is the most common resolution for first-time offenders and the best outcome short of outright dismissal, because it avoids a criminal record.
- Deferred prosecution agreement. In counties with a population under 100,000, Wisconsin Statute 971.39 lets the defendant, prosecutor, and Department of Corrections enter a written agreement suspending prosecution while the defendant completes conditions like counseling or community service. The defendant must admit the elements of the offense in writing. If every condition is met, the court dismisses the charge with prejudice.12Wisconsin State Legislature. Wisconsin Statutes 971.39 – Deferred Prosecution Programs
- Plea to the charge, often with a sentencing recommendation below the statutory maximum.
If no agreement is reached, the case goes to trial, where the state has to prove both elements beyond a reasonable doubt. Jury trials are available for misdemeanors in Wisconsin.
Keeping It Off Your Record
Wisconsin allows expungement of a disorderly conduct conviction, but the rules are strict and the timing catches people off guard: the judge must order expungement eligibility at sentencing, not later. If the sentencing court doesn’t include that order, expungement is generally off the table no matter how well you perform on probation.
Under Wisconsin Statute 973.015, eligibility requires all of the following:
- You were under 25 at the time of the offense.
- The maximum sentence for the offense is six years or less. A Class B misdemeanor qualifies.
- The sentencing court determines you’ll benefit from expungement and society won’t be harmed, and orders expungement upon successful completion of the sentence.
- You complete your entire sentence, including any confinement, probation, and all conditions, without any violations.
The last condition is absolute. In State v. Lickes, the Wisconsin Court of Appeals held that any violation of a probation condition, no matter how minor, makes a person ineligible.13Wisconsin State Legislature. Wisconsin Statutes 973.015 – Special Disposition A single missed meeting with a probation officer, or a late surcharge payment, can permanently disqualify you. If expungement is the plan, every condition has to be treated as non-negotiable.
What a Conviction Follows You Into
Even without jail time, a conviction creates a criminal record that sticks. Wisconsin doesn’t automatically seal or sunset misdemeanor convictions, and the federal Fair Credit Reporting Act sets no time limit on how long criminal convictions can appear on background checks. Wisconsin is not among the states that restrict reporting of older convictions.
Employers running background checks will see the conviction unless it has been expunged. In healthcare, education, law enforcement, and any field that requires a professional license, a disorderly conduct conviction can be disqualifying or trigger extra scrutiny. Rental applications routinely ask about criminal history, and in competitive markets landlords can simply move on to the next applicant.
A conviction with a domestic abuse modifier adds the federal firearm prohibition on top. It has no expiration, no exception for government employees, and it outlasts the sentence by decades.11Bureau of Alcohol, Tobacco, Firearms, and Explosives. Misdemeanor Crimes of Domestic Violence Prohibitions Getting the charge reduced to an ordinance violation or securing a deferred prosecution dismissal avoids the conviction entirely, which is why early negotiation with the prosecutor is usually the single most important move in a disorderly conduct case.