Disorderly conduct charges are some of the most common criminal charges in MA, and nationwide. You can get charged with disorderly conduct for anything from shouting in public late at night to getting into a bar fight. Not surprisingly, alcohol is a common factor.
Fortunately, disorderly conduct charges are usually for relatively minor offenses…but a criminal record is a criminal record. If you made an error in judgment and got charged with disorderly conduct, can your charges be dropped? A Boston criminal defense attorney can help you determine how to proceed if you’ve been charged with any type of crime.
As with any crime, it’s possible to get a disorderly conduct charge dropped, but your chances of success are highly dependent on multiple factors. Disorderly conduct, also referred to as disturbing the peace, covers a broad array of offenses and potentially criminal acts. Basically, in order for a charge of disorderly conduct to stick, the prosecution must prove that you recklessly or intentionally caused annoyance or alarm to the public.
There are some common defenses to disorderly conduct charges, including being a minor, acting in self defense, acting under duress, or mental incapacity. Even more important are the circumstances surrounding your offense. For instance, if a multiple-person bar fight broke out while you happened to be there—but you did not engage in the fight—and police arrested everyone on the scene, you could easily argue that you did not participate in the brawl.
Although a first time disorderly conduct conviction rarely equals jail time, it will give you a criminal record, and you may have to pay hefty fines. With the right attorney, getting disorderly conduct charges dropped is a very good possibility. A MA criminal defense lawyer can help you protect your rights if you’ve been charged with disorderly conduct or any other criminal offense.
What is Considered Disorderly Conduct in MA?
Under MA law, being a “disorderly person” is a criminal offense. Engaging in fighting, violent, or excessively noisy behavior, and creating offensive or dangerous conditions for others are all forms of disorderly conduct. You can even get charged with disorderly conduct for leaving trash in a public area. Public intoxication is not a crime, in and of itself, but you may be taken into custody if you are found to be excessively drunk in public. MA law further defines the crime of disorderly conduct to include:
- annoying another person with offensive or threatening behavior;
- engaging in lewd behavior of speech in a public area;
- indecent exposure;
- participating in a riot and refusing to disperse; and
- disturbing the peace, which includes yelling outside late at night or being disruptive in a public setting.
What are the Penalties for Disorderly Conduct in MA?
If you are convicted of disorderly conduct or disturbing the peace, you will likely only pay a fine for your first offense. However, subsequent convictions can be punishable by a fine and up to six months jail time. You may also receive probation as part of your sentencing. Beyond fines, probation, and possible jail time, a disorderly conduct charge may have collateral consequences. An employer may view this as a reflection of your tendency toward aggression or reckless behavior. The bottom line is, if you are facing disorderly conduct charges, it is in your best interest to seek legal counsel immediately. Continue reading