Lawyer Specializing in DUI
In Massachusetts, “disorderly conduct” is a criminal offense punishable by up to 6 months in jail. However, this is one of the mostly overly- charged offenses in the state. Police officers often charge a person with disorderly conduct without a thorough investigation of the facts and circumstances surrounding that person’s conduct. The person might have legitimate reasons for his or her actions, in which case they are not guilty of disorderly conduct. It is not uncommon for a person to be charged with disorderly conduct as a way to stop the person from annoying or bothering the police officer. However, simply being annoying is not criminal, and you may have legal grounds for dismissal.
Unless the prosecution can prove beyond a reasonable doubt that you engaged in the following behavior, you are not guilty of disorderly conduct:
- Purposefully or recklessly creating a risk of public annoyance or harm, AND
- Engaging in fighting or threatening, violent or tumultuous behavior, OR creating a hazard or physically offensive condition by any act which serves no legitimate purpose.
You may have been arrested for acting in a way that is actually protected by the first amendment of the Constitution, in which case the charge must be dismissed.
If you do not have any prior criminal record, pre-trial probation is often a very favorable sentencing alternative when working out a deal.
If you have been charged with Disorderly Conduct in Massachusetts, contact my office for your free initial phone consultation:Urbelis Law, LLC
1 State St #200
Boston, MA 02109
Phone: (617) 830-2188