Disorderly conduct is a very general term which may include a wide variety of behavior. Basically, is that which disturbs the public tranquility, or alarms or provokes others. Massachusetts Law prohibits conduct that involves the use of force, violence, threats, tumultuous behavior, excessively unreasonable noise, or creating a hazard to public safety or physically offensive condition.
Whatever behavior the government alleges, it must have been reasonably likely to affect the public and either intended to or recklessly created public inconvenience, annoyance or alarm.What Types of Disorderly Conduct are There?
- Engaging fighting or threatening
- Engaging in violent or tumultuous behavior
- Creating a hazardous or physically offensive condition which serves no legitimate purpose
When you are accused of the crime of disorderly conduct, you may either be happens in their presence. If this is the case, it is advisable not to answer any questions until you consult an attorney. If it does not happen in the presence of the police, you should receive a summons for a Clerk’s Hearing or Magistrate’s Hearing. You can read more about these types of Hearings here.What are the Penalties?
If found guilty of disorderly conduct you may be fined for a first offense or sentenced up to 6 months in the house of correction for a second offense.What is the Difference Between Disturbing the Peace vs Disorderly Conduct?
Both crimes are punishable under the same statute, carry the same potential sentence, and are nearly indistinguishable. Generally speaking, disorderly conduct is charged where one’s conduct involves fighting or violent conduct which cause public inconvenience. Disturbing the peace typically involves intentionally causing loud disruptions in which one actually does annoy or disturb at least one person. Disorderly conduct includes reckless behavior whereas actions disturbing the peace must be intended.Why You Should Hire a Defense Attorney
As with all criminal cases, the potential implications include infringements on your liberty and, therefore, it is important to treat these cases seriously. Disorderly conduct cases involve many distinct legal issues that may have an effect on the charges. Because the charge involves conduct that is so generalized, there is often multitude of discrete issues to analyze. Some conduct charged as disorderly may be protected by our Constitution.
Only a trained and experienced attorney can properly evaluate the case and mount a defense. The lawyers at Eisenstadt, Krippendorf & Galvin LLP are experienced at defending charges of disorderly conduct and protecting your rights.