Disorderly conduct is not a rare crime. People can be arrested for disorderly conduct in order to control the conduct in a public space. Anything that will corrupt or disrupt the standards or the public morals can be considered to be a disorderly conduct. If someone’s behavior is disrupting someone else’s peace and quiet can also be considered disorderly conduct.
What are some examples of disorderly conduct?
- Fights in public
- Public intoxication
- Noisy conduct
- Using offensive or abusive language
One of the most common questions people have when they are facing a disorderly conduct charge is whether or not they should fight the case. We want you to know the following things about a disorderly conduct charge in Minnesota:
- For many cases, a guilty plea for a disorderly conduct charge will result in a misdemeanor conviction. This charge can be accessed by the public.
- It is uncommon for someone to spend time in jail if that person does not have a criminal record.
- If you have been charged with disorderly conduct because you used words that were not racially motivated or words that resulted in a fight, you should ask to have your case dismissed.
- Sometimes police will charge someone with disorderly conduct when they are unsure of what the charge should be.
If you do find yourself fighting a disorderly conduct charge, whether it is a misdemeanor charge or a felony charge, you can have three possible defenses.
- Your First Amendment rights
- You were acting in self-defense
- Your actions took place in a private location
You Were Acting In Self-Defense
If you were engaged in a fight in public, a disorderly conduct lawyer in Minneapolis could argue that you were simply defending yourself. If an intoxicated person walks up to you and starts trouble and attempts to fight you, you should not be blamed for protecting yourself. Although the actions can be seen as disorderly, you were simply protecting yourself or someone else you were with. However, this argument will only be effective if you did nothing to result in the intoxicated individual attempting to harm you.
You Have The Right
We are all aware of our right to free speech, right? Your right to free speech is protected by the United States Constitution. If you were only speaking freely, as you have the right to do, you may be able to avoid being charged with disorderly conduct. However, when you use words that indicate you want to fight or harm someone, these will not be protected under the Amendment. If you call a person by a name other than their own name and you want to attack that person, you will be more than likely find yourself facing a disorderly conduct charge.
You Were Not In A Public Place
In order for you to be charged with disorderly conduct, you will have to be in a public place. If you were intoxicated in a public place, you can face a charge of disorderly conduct. If you were intoxicated in your home or in your own front yard, you were not on public property. In this case, you cannot be charged with any type of disorderly conduct.
A disorderly conduct charge can be very serious. A judge will be able to impose various penalties if you have been found guilty. You may have to pay fines, spend a few months on probation, and some people will spend time in jail if you have been charged with a misdemeanor. If you have been found guilty of a felony, you will be faced with other circumstances.
Contact us today for a consultation if you are facing a misdemeanor charge.