Disorderly Conduct

Disorderly Conduct

Disorderly conduct is the “catch-all” of misdemeanor criminal offenses. It applies to a broad range of conduct, and is therefore subject to abuse by over-reaching prosecutors. Our attorneys have represented countless defendants in Disorderly Conduct cases across the state. We have achieved dismissals in many cases and would be happy to discuss your Disorderly Conduct case with you.

THE STATUTE

The applicable statute for this crime is located at Minnesota Statutes Section 609.72. To be convicted of Disorderly Conduct, the prosecution must prove that a person did any one of the following acts.

• Engaged in brawling or fighting.
• Disturbed an assembly or meeting, not unlawful in its character.
• Engaged in offensive, obscene, abusive, boisterous, or noisy conduct or in offensive, obscene, or abusive language tending reasonably to arouse alarm, anger, or resentment in others.

There is a specific provision in the law that exempts a person from criminal liability of their conduct was caused by an epileptic seizure. While we would hope that  prosecutor would not charge a person with a crime for having a seizure, the Legislature has deemed it necessary to have this exception written explicitly into the statute.

Apart from this exception, there are a number of defenses available to a person charged with Disorderly Conduct, and chief among these is the First Amendment, which guarantees every United States citizen a right to freedom of expression and speech. In a Disorderly Conduct prosecution, a prosecutor must prove beyond a reasonable doubt that the person charged engaged in criminal, unprotected speech. This includes, for example, what the United States and Minnesota supreme courts have termed “fighting words” – words or gestures that are so insulting that it is likely to provoke an ordinary person to fight. In deciding whether certain speech rises to the level of “fighting words,” the courts examine a variety of factors, including the specific words uttered, the alleged victim’s ability to diffuse the situation through methods other than fighting, and other conduct by the perpetrator at the time of the incident.

If you have been charged with the crime of Disorderly Conduct, it may be the case that you did not commit a crime at all. Minnesota law allows for multiple defenses to this charge. We are available to help you, and answer any questions you may have. Feel free to contact us for a no-cost consultation.