Disorderly Conduct
Engaging in offensive, violent, or disruptive behavior in public can result in a disorderly conduct charge. This includes fighting, yelling, or blocking public areas. These charges tend to arise from emotional or stressful situations, like arguments that got too loud. The prosecution must prove not only that a person was disorderly, but also that they either: a) intended to annoy, alarm, or cause inconvenience to the public; or b) recklessly created a risk of those things happening.
The comments that follow all discuss Massachusetts law, as it is applied in Massachusetts courts. These comments do not apply to criminal cases in federal courts, or to cases in any state other than Massachusetts. None of these general comments are legal advice for a specific situation. Any time you are charged with a crime, or have questions as to what the law says, the best course of action is to talk to a lawyer about your particular circumstances.
What do they have to prove in order to convict you of disorderly conduct?
Three things: 1) either you fought or threatened someone, or acted in a violent or tumultuous manner, or acted in a way that was hazardous or offensive, while serving no legitimate purpose; 2) your actions were reasonably likely to affect the public; and 3) either you intended to cause inconvenience, annoyance or alarm to the public, or you recklessly created a risk of one of those things happening.
Is it possible to justify disorderly conduct?
If there is a way to justify your conduct, then it probably will not be found disorderly. For example, if you were yelling and screaming in public, but you did so because you were in great pain, it is not likely you will get convicted of disorderly conduct. Note, however, that being drunk or under the influence of other drugs is most likely not a defense to disorderly conduct.
How can you know if you are being disorderly?
Disorderly conduct is not an exact science. It is not like if you commit some specific act, you know you can be prosecuted. However, common sense can tell you that if someone could get injured from what you are doing, or if bystanders start walking away from you, it might be time to stop.
What if you were in a crowd, just doing the same thing as everyone else?
Normally, going along with the crowd is not a defense to being charged with a crime. There might be some rare circumstances, such as getting caught in the middle of a stampede, where a defendant could argue that they had to do what the crowd was doing. However, arguments like that are few and far between. If everyone around you is acting like an idiot, it should be obvious what to do.
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