Abusive Language charge? Help if you can.

The relevant statute is the disorderly conduct statute, which includes in the first section abusive words. A person commits disorderly conduct if he or she intentionally or knowingly: 1.uses abusive, indecent, profane, or vulgar language in a public place, and the language by its very utterance tends to incite an immediate breach of the peace; 2.makes an offensive gesture or display in a public place, and the gesture or display tends to incite an immediate breach of the peace; 3.creates, by chemical means, a noxious and unreasonable odor in a public place; 4.abuses or threatens a person in a public place in an obviously offensive manner; 5.makes unreasonable noise in a public place other than a sport shooting range or in or near a private residence that he has no right to occupy; 6.fights with another in a public place; 7.discharges a firearm in a public place other than a public road or a sport shooting range; 8.displays a firearm or other deadly weapon in a public place in a manner calculated to alarm; 9.discharges a firearm on or across a public road; 10.exposes his anus or genitals in a public place and is reckless about whether another may be present who will be offended or alarmed by his act; or 11.for a lewd or unlawful purpose: A.enters on the property of another and looks into a dwelling on the property through any window or other opening in the dwelling; B.while on the premises of a hotel or comparable establishment, looks into a guest room not the person's own through a window or other opening in the room; or C.while on the premises of a public place, looks into an area such as a restroom or shower stall or changing room or dressing room that is designed to provide privacy to a person using the area. Punishment If an individual commits the crime of disorderly conduct, the punishment is a class C misdemeanor. However, if disorderly conduct is committed under (7) or (8), it is a class B misdemeanor. Sometimes the law is called the law against "fighting words". There was a case years back in which a person cussed a cop & used the F bomb & the cop filed on him; the cop lost. The court said that a cop can expect such things so no go. There is not a list of words or situations - this is the entire statute. But, my guess is that a jury and certainly a judge would find that the F bomb droppd in a class tends to incite an immediate breach of the peace because it is inappropriate & one of the worst words that a kid can use. That said, if you cannot get deferred disposition so that the case is dismissed after you do a probation, then hire a lawyer & see if the lawyer can get the case dropped. (If the facts were as you state, then I see no real violation. However, my guess is that the teacher will not agree with your rendition of the "facts", and her rendition might well support a conviction.) If the lawyer can't get the case dismissed, then perhaps the lawyer can get deferred. If not, try the darn thing.

It will depend on how loud the word was said, and what the response of the individuals around you. As a former police officer, I rarely charged people for Disorderly Conduct - language based on the fact that some language is commonly used - It's not just using the word that makes it Disorderly conduct - there must be evidence that it would "incite an immediate breach of the peace." I would hire a lawyer and see what evidence the Prosecution has about "inciting an immediate breach of the peace." If the evidence is sufficient - take a deferred probation deal. In Texas, on a Class C deferred, the case is eligible for an expunction two years from the date of the offense. Good luck.