Tuesday, March 20, 2018

Minnesota Disorderly Conduct (Explained)




Disorderly conduct is the “one-size-fits-all” misdemeanor that appears to apply to a broad range of conduct, and is therefore subject to use/abuse by over-reaching prosecutors. As an experienced Minnesota Criminal Defense Attorney, I have represented many clients in Disorderly Conduct cases across the state. I have achieved dismissals in many cases.  Here is what you need to know - to get the right result.

The Law

To be convicted of Disorderly Conduct, in the State of Minnesota, the government 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.
What You Should Do?
 
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 citizen a right to freedom of expression and speech. 
 
In a Disorderly Conduct case, a prosecutor must prove beyond a reasonable doubt that the person charged engaged in criminal, unprotected speech. This includes, for example, what the courts have termed “fighting words” (ie., 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 court should 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. The laws of the State of Minnesota allows for multiple defenses to this charge. The Rolloff Law Office is available to help you, and answer any questions you may have. Feel free to contact me for a no-cost consultation: (612) 234-1165

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