Can You Be Arrested for Dancing on Public Property?

Is it possible to get arrested for dancing in public even if you were on public property? Under certain circumstances, you could be arrested if your conduct was excessive, offensive, disturbing, or if you were clearly intoxicated while dancing to loud music. Flash mobs that suddenly begin dancing in public and disrupt a public function or that somehow threaten the safety of others is an example.

Disorderly Intoxication

In Florida, as in most other jurisdictions, you can be arrested for disturbing the peace if you are publicly intoxicated and you are disrupting, threatening, or jeopardizing the safety of others. For public intoxication, and dancing on a public sidewalk or building while unsafely impeding public access or people’s ability to walk, you may be arrested under this charge.

This is generally a second degree misdemeanor, which carries a maximum of 60 days in jail, 6 months probation and a fine up to $500.

Disorderly Conduct

Even if you were not intoxicated while dancing on public property and your conduct gets out of hand so that it is considered to be creating a disturbance that threatens the life or safety of others, then you could also be arrested.

This is largely a subjective determination made by law enforcement. An experienced criminal defense lawyer may be able to convince a court or prosecutor that his or her exuberant client was merely expressing their First Amendment Rights and meant no harm to anyone.

If you got into a fight with someone or your actions were especially offensive, you could be charged and face a second degree misdemeanor. Like disorderly intoxication, this carries a maximum of 60 days in jail, 6 months probation and/or a fine up to $500.

Trespass

Generally, trespass is a crime that is committed on private property. Trespassing is being on the property of another person after having been warned that you are not permitted to be there.

In the context of dancing in a nightclub or bar, you can be asked to leave for whatever reason. If you refuse, you can be arrested and charged with trespassing.

Similarly, if you are on public property but a police officer asks that you stop dancing and to leave a certain area such as a public building or park, you may be subject to trespass if you refuse although you can argue that you are lawfully on public property.

It is when you are warned by someone with authority to leave the property and you refuse to leave or ignore the warning that a trespass may have occurred. In many circumstances, a misunderstanding or confusion over your rights may lead to an arrest that only an experienced criminal defense lawyer can satisfactorily resolve in your favor.

Trespass is normally a second degree misdemeanor unless you are in a building or structure with other people in which case it can be enhanced to a first degree misdemeanor.

Why have a harmless incident result in a criminal record that can adversely affect your chances of gaining employment, a promotion, enrolling in the school of your choice, or obtaining a reasonable loan.

Get help by calling for a free consultation with The Law Office of Travis Williams, an Orlando criminal defense lawyer who has successfully resolved numerous cases like yours.