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Rhode Island Legal Information
Aggressive and Skilled Rhode Island Criminal Defense Lawyers
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RHODE ISLAND DISORDERLY CONDUCT DEFENSE
ATTORNEY MATTHEW MARIN
ATTORNEY MATTHEW MARIN
Providence Disorderly Conduct Defense Lawyer
Disorderly conduct is one of the most common charged criminal offenses in Rhode Island. This is a catch-all charge for disruptive behavior. In most cases, the facts of the alleged disruption are grossly overstated by the police or complaining witness. There are a number of different actions that may warrant Rhode Island disorderly conduct charges:
• Engaging in fighting or threatening, or in violent or tumultuous behavior;
• In a public place or near a private residence that he or she has no right to occupy, disturbs another person by making loud and unreasonable noise which under the circumstances would disturb a person of average sensibilities;
• Directs at another person in a public place offensive words which are likely to provoke a violent reaction on the part of the average person so addressed;
RHODE ISLAND DISORDERLY CONDUCT CHARGES
Whether the disruption was due to loud party, loud music, other disruptive noise, loud sounds, including engaging in an argument with someone in public, the charge is the same. However, the facts of your case and your prior criminal history (or lack thereof) do affect your sentence if you are found guilty.
A Rhode Island disorderly conduct charge is a petty misdemeanor criminal offense. The charge carries a maximum sentence of six months imprisonment and/or up to a $500 fine. Most disorderly conduct cases will not warrant the maximum penalty. However, any disorderly conduct conviction may include counseling (substance abuse, mental health, anger management), fines, jail, community service a criminal record, court costs, and other penalties.
In addition to the penalties listed above, a Rhode Island disorderly conduct conviction carries with it the stigma of a criminal conviction. A criminal conviction is something that may follow you forever. You never want to put yourself in a position to have to explain why you have a disorderly conduct conviction to a future employer. And in many cases, you may never get to explain it. Because a background check will be performed on you, and you simply won't be offered the job.
Call for a consultation on your case today; we are here to help. We can offer defense suggestions, and let you know what we can do to beat the case, and keep your record clean. To discuss your Rhode Island Disorderly Conduct charges with an aggressive disorderly conduct defense lawyer, call 401-228-8271 or email at mm@matthewtmarin.com.
RECENT RI DISORDERLY CONDUCT VICTORIES
CHARGE: DISORDERLY CONDUCT
POLICE REPORT: The Client, a local college student, was returning home from the bar after midnight. Upon arriving at his residence, he got into an argument with other individuals near his residence. The Client called the Police to have the others told to leave. Upon arriving, the Police spoke with the Client. According to the Police, the Client became belligerent yelling profanities and statements such as “f*** the police” and “I want the real police, not you fake a** rental cops.” Based on the Client’s alleged continued outburst the Police arrested the Client and charged him with Disorderly Conduct.
RESULT: DISMISSED
CHARGE: DISORDERLY CONDUCT (Fighting, Threatening, Violent, or Tumultuous Behavior)
POLICE REPORT: Client was at a local beach bar and had been drinking. Based on witness statements, Client hurled a glass mug into a crowd near the DJ booth. The mug allegedly struck a bouncer in the chest. The Police were called, and the Client was identified as the individual who threw the glass. The Client was then charged with Disorderly Conduct for engaging in Fighting, Threatening, Violent, or Tumultuous Behavior.
RESULT: DISMISSED on the day of Trial
CHARGE: DISORDERLY CONDUCT
POLICE REPORT: Client walks out of a local bar at closing time and encounters numerous police officers who had been involved in an altercation with another patron. Police order the Client to leave the scene, but the Client lingers while trying to arrange a ride home. Police begin bullying Client to leave, and eventually he begins walking down the street. A few hundred yards down the road, the Police pull over and arrest the Client for Disorderly Conduct – Obstructing a Highway (R.I.G.L. Section 11-45-1).
RESULT: DISMISSED
CHARGE: DISORDERLY CONDUCT
POLICE REPORT: Client was gambling at a local casino. After an argument with another patron, the Client was asked to leave by Casino Security. Casino Security allege that the Client raised his fist in a threatening manner towards the Security Captain. The Casino Security then took the Client to the ground, restrained the Client, and then turned the Client over to the local police department. Police, based on the statements of Casino Security, arrested and charged the Client with Disorderly Conduct.
RESULT: DISMISSED
CHARGE: DISORDERLY CONDUCT (FIGHTING AND THREATENING BEHAVIOR)
POLICE REPORT: Clients, two brothers, were present at a house party when a fight broke out between rival groups. One of the brothers was struck with a tire iron. The other brother came to the injured bother's rescue, took him from the home to a local hospital. While at the hospital, the Police arrived and began interrogating the brothers. Under threat of being charged with a felony and spending the weekend in jail, the brothers admitted to being present at the party and involved in the incident. The other people at the party made allegations that the brothers were the aggressors and started the fight. The two brothers were then charged with Disorderly Conduct, Fighting and Threatening Behavior.
RESULT: ALL CHARGES DISMISSED
CHARGE: DISORDERLY CONDUCT (FIGHTING WORDS)
POLICE REPORT: Client, a 18 year old, was escorted out of Club Ultra due to being involved in a fight at the Club. According to the Police, once outside the Client stated, "I am going to call all my boys out of the club to kick the bouncers asses." The Police then told the Client to leave, the Client refused stating that he was not leaving until he got his revenge. The Police continued to demand that the Client leave the scene, at which point the Client started screaming "You Cops are pussies!" The Client and a female friend with him were then pepper sprayed by the Police, and arrested for Disorderly Conduct, Fighting Words.
RESULT: NOT GUILTY AFTER TRIAL
CHARGE: DISORDERLY CONDUCT
POLICE REPORT: Client was walking home from the bar in Newport, RI. Client, in a drunken state, got into a verbal exchange with a Police Officer. The Police Officer ordered the Client to move off of the sidewalk because he was allegedly disrupting traffic. Client responded that the officer was too short and that the Client could not hear him. Client was subsequently arrested for Disorderly Conduct.
RESULT: DISMISSED AND EXPUNGED
CHARGE: DISORDERLY CONDUCT
POLICE REPORT: Client was alleged to have been in a drunken disorderly state at the Police Station as she was hysterically yelling and screaming profanties at the officers present.
RESULT:
DISMISSED and EXPUNGED
CHARGE: DISORDERLY CONDUCT
POLICE REPORT: On the street after an incident, the Client was alleged to have spoken "Fighting Words" to a Police Officer when the Client said "I know my fucking rights."
RESULT:
DISMISSED
RHODE ISLAND DISORDERLY CONDUCT LAW
§ 11-45-1 Disorderly conduct. –
(a) A person commits disorderly conduct if he or she intentionally, knowingly, or recklessly:
(1) Engages in fighting or threatening, or in violent or tumultuous behavior;
(2) In a public place or near a private residence that he or she has no right to occupy, disturbs another person by making loud and unreasonable noise which under the circumstances would disturb a person of average sensibilities;
(3) Directs at another person in a public place offensive words which are likely to provoke a violent reaction on the part of the average person so addressed;
(4) Alone or with others, obstructs a highway, street, sidewalk, railway, waterway, building entrance, elevator, aisle, stairway, or hallway to which the public or a substantial group of the public has access or any other place ordinarily used for the passage of persons, vehicles, or conveyances;
(5) Engages in conduct which obstructs or interferes physically with a lawful meeting, procession, or gathering;
(6) Enters upon the property of another and for a lascivious purpose looks into an occupied dwelling or other building on the property through a window or other opening; or
(7) Who without the knowledge or consent of the individual, looks for a lascivious purpose through a window, or any other opening into an area in which another would have a reasonable expectation of privacy, including, but not limited to, a restroom, locker room, shower, changing room, dressing room, bedroom, or any other such private area, not withstanding any property rights the individual may have in the location in which the private area is located.
(8) [Deleted by P.L. 2008, ch. 183, § 1].
(b) Any person, including a police officer, may be a complainant for the purposes of instituting action for any violation of this section.
(c) Any person found guilty of the crime of disorderly conduct shall be imprisoned for a term of not more than six (6) months, or fined not more than five hundred dollars ($500), or both.
(d) In no event shall subdivisions (a)(2) – (5) of this section be construed to prevent lawful picketing or lawful demonstrations including, but not limited to, those relating to a labor dispute.
RI DISORDERLY CONDUCT LAWYER
Yes, you can. We see a lot of these charges, and there are almost always good defense strategies that can get charges reduced, dismissed, or work out a reasonable arrangement. Visit My Blog: DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter. Also, the Rhode Island Supreme Court licenses all lawyers in the general practice of law, but does not license or certify any lawyer as an expert or specialist in any field of practice.
Because these offenses are common, they go through the Rhode Island court system quickly. When you are charged with one of these offenses, however, it may seem like time stands still. Most people have never been arrested and charged with a crime before, and that puts added pressure and uncertainty on your shoulders.
And when you are facing jail time and a mark on your permanent record, no crime seems minor. But we can help you. As your attorney I can ensure that you will be treated fairly in the courtroom and make certain you are as comfortable as possible during this stressful time.
It is important to hire a skilled defense lawyer as soon as possible to begin the process of gathering evidence and crafting a legal defense to the charges you are facing. Contact Attorney Matthew T. Marin today to schedule a free, confidential consultation to discuss your case, your rights, and your options. The Law Offices of Matthew T. Marin, Esq., Inc. can be reached by calling (401) 228-8271 or by email at mm@matthewtmarin.com.
Rhode Island Criminal Defense Blog
Attorney Matthew Marin defends individuals facing prosecution for Disorderly Conduct Charges throughout Rhode Island including Block Island, Bristol, Burrillville, Central Falls, Charlestown, Coventry, Cranston, Cumberland, East Greenwich, East Providence, Exeter, Foster, Glocester, Hopkinton, Jamestown, Johnston, Lincoln, Little Compton, Middletown, Narragansett, Newport, New Shoreham, North Kingstown, North Providence, North Smithfield, Pawtucket, Portsmouth, Providence, Richmond, Scituate, Smithfield, South Kingstown, Tiverton, Warren, Warwick, Westerly, West Greenwich, West Warwick, Woonsocket.
