Larkin Ingrassia Criminal Defense Attorneys | October 8, 2025 | Criminal Defense
Halloween in New York brings out all kinds of festivities, from costume parties to bar crawls and street parades. However, if alcohol is involved, things can quickly escalate. While having fun isn’t a crime, public intoxication can sometimes cross the line into disorderly conduct, which is a chargeable offense under New York law.
If you were arrested or cited for disorderly conduct on Halloween, it’s essential to understand what behavior qualifies as criminal and your legal rights. An experienced criminal defense attorney can help you navigate the process, but here’s what you should know in the meantime.
Is Public Intoxication Itself Illegal in New York?
Unlike some states, New York does not criminalize public intoxication alone. That means simply being drunk in public is not enough to get you arrested unless your behavior violates other laws.
However, alcohol-fueled conduct can lead to a disorderly conduct charge if it disturbs the public or puts others at risk. On nights like Halloween, when alcohol and crowds mix, police are more likely to make arrests to keep the peace.
What Is Disorderly Conduct Under New York Law?
Under New York Penal Law § 240.20, disorderly conduct occurs when a person acts with the intent to cause public inconvenience, annoyance, or alarm (or recklessly creates a risk of such outcomes).
Examples of behavior that may lead to a charge include:
- Fighting or engaging in violent, threatening behavior
- Making unreasonable noise (e.g., shouting in the street)
- Using abusive or obscene language in public
- Blocking traffic or pedestrian pathways
- Refusing lawful orders to disperse
- Creating hazardous or physically offensive conditions
In short, if your intoxication leads to disruptive behavior, it could be enough to warrant a criminal citation.
Common Halloween Scenarios That May Lead to Charges
Police in New York often exercise discretion on holidays like Halloween, but the following conduct frequently leads to disorderly conduct arrests:
- Street altercations or fights during crowded events
- Public urination while intoxicated (often charged under health codes or disorderly conduct)
- Shouting or aggressive behavior in residential neighborhoods
- Blocking sidewalks while drunk or failing to follow crowd-control instructions
It’s worth noting that criminal intent matters under the law. If prosecutors can’t show you acted intentionally or recklessly, the charge against you may not hold up.
What Are the Penalties for Disorderly Conduct in New York?
Disorderly conduct is classified as a violation, not a misdemeanor or felony.
However, it can still result in:
- A fine of up to $250
- Up to 15 days in jail
- A permanent criminal record if not properly addressed
- Possible impact on employment, immigration status, and professional licenses
As it’s often used as a “catch-all” charge, many disorderly conduct cases are eligible for an outright dismissal. However, it ultimately depends on the facts of your case and other considerations, such as the skill of your defense lawyer.
Contact the Middletown Criminal Defense Lawyers at Larkin Ingrassia Criminal Defense Attorneys for Help Today
If your Halloween celebrations led to an arrest for disorderly conduct or another alcohol-related offense in New York, it’s important to remember that you’re innocent until proven guilty.
A knowledgeable Middletown criminal defense lawyer at Larkin Ingrassia Criminal Defense Attorneys can help you secure as favorable an outcome as possible given your case’s facts.
Halloween is supposed to be fun. If things got out of hand, take the first step toward protecting your future by scheduling a free consultation with us today.
For more information, contact an experienced criminal defense lawyer at Larkin Ingrassia Criminal Defense Attorneys, to schedule a free consultation today. We conveniently serve in 3 locations in New York, including Middletown, Newburgh, and Kingston.
We proudly serve Orange County, Ulster County, and their surrounding areas:
Larkin Ingrassia Criminal Defense Attorneys – Middletown
626 E Main St
Middletown, NY 10940
(845) 566 5345
Larkin Ingrassia Criminal Defense Attorneys – Newburgh
356 Meadow Ave
Newburgh, NY 12550
(845) 566-5345
Larkin Ingrassia Criminal Defense Attorneys – Kingston
233 Fair St Suite #1
Kingston, NY 12401
(845) 566-5345