Arrested in Massachusetts for Disorderly Conduct or Disturbing the Peace?
Under Massachusetts law, if you cause a disturbance which creates a public hazard, and serves no legitimate purpose, you can be charged with a disorderly person offense, also known as disorderly conduct.
A "disorderly person" is defined as one who:
* with purpose to cause public inconvenience, annoyance or alarm, or
* recklessly creates a risk thereof
* engages in fighting or threatening, violent or tumultuous behavior, or
* creates a hazard or physically offensive condition by any act which serves no legitimate purpose.
If you are convicted of disorderly conduct in MA, it is punishable by up to 6 months in jail.
Disturbing the peace also falls under Chapter 272, with similar penalties. Some Massachusetts towns also have specific ordinances relating to disturbing the peace.
Disorderly Conduct Legal Defense Strategies
A disorderly conduct arrest is usually a discretionary decision by a police officer. If we can show that the officer may have been mistaken and overestimated any potential disorder created, we can get the case dismissed. The prosecution must establish beyond a reasonable doubt that your action created a dangerous situation, and served no legitimate purpose.
Being angry and yelling at someone, even if that person is a police officer, is not sufficient cause to sustain a disorderly conduct charge. You are absolutely permitted to express yourself and your first amendment rights to free speech.