Disorderly conduct, sometimes referred to as disturbing the peace, is disruptive behavior that puts the public in danger. This often catchall terminology can be confusing because determining what makes a behavior disruptive or offensive can be challenging to ascertain. Read on to find out what this law entails and the consequences for infractions.
What Is Disorderly Conduct?
Disorderly conduct generally refers to conduct that disturbs the peace or endangers the safety or health of the community, according to Massachusetts General Laws Chapter 272, Section 53.
There is a broad range of behaviors that could be considered disorderly including; engaging in fights, making threats, being excessively noisy, creating a dangerous condition, getting out of control in a bar, sporting event, or another venue, public urination or threatening law enforcement officers, to name some of the more common offenses. Behavior that puts others or their property at risk of physical harm with no lawful purpose is also considered disorderly.
States typically categorize disorderly conduct as any offensive, obscene, abusive, or disruptive behavior and are often considered misdemeanors in the eyes of the law.
Disorderly Consequences
Since the statute is fairly broad, prosecutors have the burden of proving not only that the defendant engaged in disruptive, hazardous, or offensive behavior but that the behavior was likely to affect the public, cause public harm or alarm, and create a reckless condition.
If that is proven beyond a reasonable doubt then a defendant may be facing the possibility of imprisonment for up to six months and fines up to $150 for a first offense and increases to $200 for each subsequent offense. If any property was damaged, the judge may also order the defendant to pay restitution (compensation) to the victim.
Probation, an alternative to incarceration, is also a probable sentence for a disorderly charge and conviction. A person may spend several months on probation, checking in with a probation officer to be certain that further disorderly behavior does not occur.
If you have been charged with disorderly conduct, talk to our team at the Law Office of Patrick Conway to discover what your rights are, a plan for defense and what you can do to counter these charges. Our team will help you determine the situation and offer legal advice to help remedy this situation.
To hire a criminal defense attorney who will have your future and best in mind, contact our office today.