Disorderly conduct is a misdemeanor. It is defined by Massachusetts General Law c 272 s 53. It applies to many situations. Therefore even harmless behavior could result in an arrest. Examples include the use of offensive language, “catcalling” members of the opposite sex, indecent exposure, and loitering.
Disorderly Conduct Law
To be found guilty the Commonwealth has to prove that:
1. Either engaged in fighting or threatening behavior; or engaged in violent or tumultuous behavior, or created a hazardous or physically offensive condition by an act that served no legitimate purpose of the defendant’s;
2. Secondly, your actions were reasonably likely to affect the public;
3. Lastly, you either intentionally or recklessly created a public inconvenience, annoyance or alarm.
Generally, for this charge to stand based on offensive words, the words must be “fighting words.” In other words, fighting words tend to incite violent behavior.
The use of language alone is not disorderly conduct. Also, the actions have to occur in public. Therefore, you cannot be guilty in your own home. However, there are exceptions. An example is in the case of a house party that has spilled out onto the street.
Disorderly Conduct FAQs
What is the Penalty for Disorderly Conduct in Massachusetts?
The penalty is punishable by up to 6 months of jail time or a fine of up to $200.00. Also, this is a misdemeanor crime.
What are the defenses to Disorderly Conduct?
In Massachusetts, there are legal defenses to the charge of disorderly conduct. A criminal attorney can help you with the defense that will lead to the best outcome. Possible defenses to disorderly conduct include a first amendment defense. The first amendment protects your freedom of speech. This defense applies in cases based on language.
Massachusetts Criminal Lawyer
When facing charges of disorderly conduct, securing an experienced and dedicated criminal defense attorney like Patrick Donovan can be a game-changer. With his in-depth knowledge of criminal law and a proven track record of successful case resolutions, Donovan has established himself as a formidable advocate for his clients.
Disorderly conduct charges can arise from a myriad of situations, ranging from public disturbances to altercations. Although these charges may seem minor, they can have significant repercussions, affecting everything from your personal reputation to your professional prospects. Patrick Donovan understands the stakes and approaches each case with a tailored strategy designed to protect his clients’ interests.
One of the key strengths Donovan brings to your defense is his extensive experience. Having served as a prosecutor before transitioning into defense, he possesses a unique insight into how the legal system operates from both sides. This experience allows him to anticipate the prosecution’s tactics, giving him a strategic advantage in planning an effective defense. His ability to see the case from the prosecutor’s perspective also means he can negotiate more effectively, often leading to reduced charges or even having charges dismissed altogether.
Patrick Donovan’s approach to handling disorderly conduct cases is meticulous and comprehensive. He begins with a thorough review of all the facts, examining police reports, witness statements, and any available video evidence. Understanding that every detail matters, Donovan scrutinizes the circumstances surrounding the arrest to ensure that his clients’ rights were respected throughout the process. If any procedural mistakes or violations of rights are found, he is quick to challenge them, often undermining the prosecution’s case.
Moreover, Donovan’s commitment to his clients extends beyond the courtroom. He provides clear, consistent communication throughout the legal process, ensuring that clients are fully informed and comfortable with their defense strategy. This level of client engagement not only helps to ease the stress associated with legal proceedings but also empowers clients to make informed decisions about their cases.
In addition to his legal acumen, Patrick Donovan is known for his strong advocacy skills. Whether arguing a motion or negotiating with prosecutors, he is persuasive and commanding, always striving to achieve the best possible outcome for his clients. His reputation in the legal community as a tenacious and ethical attorney adds an extra layer of effectiveness to his defense efforts.
Furthermore, Donovan’s expertise is not limited to negotiating and litigating. He also offers counsel on potential long-term impacts of a disorderly conduct charge, advising on strategies to mitigate these effects, such as pursuing expungement opportunities where applicable. This holistic approach ensures that clients not only receive robust defense but are also positioned well for the future.
Choosing Patrick Donovan as your attorney means partnering with a professional who is committed to your case and equipped with the knowledge, skills, and experience necessary to navigate the complexities of disorderly conduct charges. His proactive, client-centered approach makes him the right lawyer to handle your disorderly conduct criminal case, providing not just defense but peace of mind.
Attorney Donovan has represented clients in various courts across Massachusetts, including Boston Federal Court, Suffolk Superior Court, and District Court.
