Disorderly Conduct – Rhode Island Attorney
Disorderly conduct laws exist in every state, and are often used as a “catch-all” charge for minor offenses. It is important to note that disorderly conduct is a prosecutable offense, which can lead to fines, jail time, and other punishments upon conviction.
In Rhode Island, Disorderly Conduct is a relatively minor charge but it is one that must be taken seriously. Any misdemeanor criminal conviction will leave you with a permanent criminal record and penalties for disorderly conduct can include jail time. Charges for domestic disorderly conduct, when the offense is alleged against someone with whom you have a domestic relationship as is identified under the Domestic Violence Prevention Act, can carry with it additional penalities.
If you have been charged or arrested contact Rhode Island Disorderly Conduct Defense Lawyer Joshua Macktaz by Email or call today at (401) 861-1155 and we will respond
to you as soon as possible.
Given the wide range of behaviors that could constitute disorderly conduct, a person may be arrested for this crime without proper cause. Virtually any socially offensive or disruptive conduct may cause an arrest or charge and be prosecuted as disorderly conduct. Some of the types of crimes commonly included in a disorderly conduct charge may include:
- Public drunkenness
- Inciting a riot
- Disturbance of the peace
- Loitering in certain areas
- Fighting / physical altercations
- Obstructing traffic
- Use of extremely obscene or abusive language
- Loud or unreasonable noise
- Obstruction, disturbance, or interference with normal activities or business
- Engaging in other forms of lascivious or offensive behaviors according to the statute
If you have been charged or arrested contact Rhode Island Disorderly Conduct Defense Lawyer Joshua Macktaz by Email or call today at (401) 861-1155 and we will respond
to you as soon as possible.
Successful Recent Rhode Island Criminal Case Defenses by Attorney Macktaz
Criminal Charges: Assault and Battery on a Police Officer; Disorderly Conduct
Police Report: Providence Police respond to a report of a woman lying on the sidewalk. Police arrive and discover Client highly intoxicated and yelling at her boyfriend. When police attempt to calm her down and further investigate the matter, she punches and kicks the police officer.
Result:
Count One: DISMISSED
Count Two: DISMISSED
Criminal Charges: Disorderly Conduct
Police Report: Lincoln Police respond to a report of a disorderly patron at the Twin River valet. Police find Client yelling and screaming at the valet in front of numerous other guests. Valet was concerned that Client had too much to drink and would not bring out the car. Client then begins to yell and scream at Lincoln Police and is arrested for Disorderly Conduct.
Result: DISMISSED
Criminal Charges: Disorderly Conduct, Resisting Arrest
Police Report: Providence Police are breaking up a loud house party and Client refuses to leave the scene. After being ordered three (3) times to “move along”, Client refuses and makes a derogatory comment to the police. As police go to arrest Client, he resists having the handcuffs placed on him for approximately five (5) minutes.
Result: DISMISSED
Click Here to view more recent Successful Criminal Case Defenses
by Attorney Macktazz
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Disorderly Conduct Laws and Penalties in Rhode Island
TITLE 11
Criminal Offenses
CHAPTER 11-45
Disorderly Conduct
SECTION 11-45-1
§ 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.
If you have been charged or arrested contact Rhode Island Disorderly Conduct Attorney Joshua Macktaz by Email or call today at (401) 861-1155 and we will respond
to you as soon as possible.
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Additional Disorderly Conduct Laws and Penalties in Rhode Island
TITLE 11
Criminal Offenses
CHAPTER 11-11
Disorderly Conduct
SECTION 11-11-1
§ 11-11-1 Disturbance of public assemblies generally. – Every person who shall willfully interrupt or disturb any town or ward meeting, any assembly of people met for religious worship, any military funeral or memorial service, any public or private school, any meeting lawfully and peaceably held for purposes of moral, literary or scientific improvement, or any other lawful meeting, exhibition or entertainment, either within or without the place where the meeting or school is held, shall be imprisoned not exceeding one year or be fined not exceeding five hundred dollars ($500).
§ 11-11-2 Use of dangerous or offensive instruments or substances to disturb public assemblies. – Any person who shall willfully place in, on, about, or upon any theater, motion picture house, hall, or other building or place where people are assembled for the purpose of entertainment or instruction, any substance or thing that does or is liable to interrupt and disturb the peace and order of that place, or is liable to interrupt, disturb, or throw into confusion or endanger the life and limb of persons assembled in that place, or which is liable to or does cause injury to the property of the owner, lessee, tenant, or other occupant of the theater, motion picture house, hall, or other building or place, or whoever willfully throws into, against or upon, or puts, places, and explodes or causes to be placed or exploded in or upon any theater, motion picture house, hall, or any other building or place of public assemblage, any bomb, torpedo, or other instrument or package loaded or filled with any explosive or offensive substance with intent unlawfully to destroy or injure the theater, motion picture house, hall, or other building or place of public assemblage, shall be imprisoned not exceeding five (5) years, or shall be fined not exceeding one thousand dollars ($1,000), or both.
§ 11-11-3 Carrying on business or entertainment in vicinity of religious meeting. – Whenever any religious society shall hold any camp, tent, grove or other out-door meeting, or the Society of General Six-principle Baptists of Rhode Island and Massachusetts shall hold their annual "general meeting," for any purpose connected with the object for which the religious society was organized, no person, without the consent of the religious society or of its proper officers, shall keep in any shop, tent, booth, wagon or carriage or other place, for sale, or expose for sale any spirituous or intoxicating liquors or other drinks or food or merchandise of any kind, or hawk or peddle any liquors or merchandise mentioned in this section within one mile of the place of the meeting, nor shall any person engage in gaming, horse racing, or exhibit or offer to exhibit any show or play within the like distance of one mile of a meeting; and every person violating any provision of this section shall be fined not exceeding twenty dollars ($20.00) nor less than five dollars ($5.00) or be imprisoned not exceeding thirty (30) days; provided, that nothing contained in this section shall be so construed as to prevent innkeepers, grocers, or other persons from pursuing their ordinary business at their usual place of doing business, nor to prevent any person from selling victuals in his or her usual place of abode.
§ 11-11-4 Prevention from carrying on employment. – Every person who, by himself or herself or in concert with other persons, shall attempt by force, violence, threats or intimidation of any kind to prevent, or who shall prevent, any other person from entering upon and pursuing any employment, upon any terms and conditions as that person may think proper, shall be deemed guilty of a misdemeanor and be fined not exceeding one hundred dollars ($100) or be imprisoned not exceeding ninety (90) days.
§ 11-11-5 Profanity. – Every person who shall be guilty of profane swearing and cursing shall be fined not exceeding five dollars ($5.00).
§ 11-11-7 Overcrowded assembly. – (a) The occupant load permitted in any assembly building structure, or portion of it, shall be determined by dividing the net floor area or space assigned to that use by the square feet per occupant as follows:
(1) An assembly area of concentrated use without fixed seats such as an auditorium, gymnasium, church, chapel, dance floor, and lodge room, seven square feet (7 sq. ft.) per person.
(2) An assembly area of less concentrated use such as conference rooms, dining room, drinking establishments, exhibit room, or lounge, fifteen square feet (15 sq. ft.) per person.
(3) Standing room or waiting space, five square feet (5 sq. ft.) per person; provided, that aisle area, except rear cross aisles, shall not be considered in determining the number of standing patrons allowed.
(b) Any residential structure, or portion of it, that is used by persons to assemble for consumption of food or drink shall not exceed the occupant load as determined by dividing the net floor area or space assigned to that use by the square feet per occupant as follows:
(1) Any individual single family dwelling or any unit in a multi-family dwelling or apartment house, fifteen (15) net square feet per person;
(2) A public space associated with a single family dwelling or any multi-family dwelling or apartment house, fifteen (15) net square feet per person.
(c) Penalty. If any person in control or possession of a building or structure, or portion of it, fails to comply with the provisions of this section, the assembly shall be reduced to the limit set forth by this section and the person in control or possession of a building or structure shall be guilty of a petty misdemeanor and fined an amount not more than five hundred dollars ($500) for the first offense with notice of the offense sent by certified mail to the owner of the building or structure. The fine shall double for the second offense and triple for the third offense with all notices of the offenses sent to the owner of the building by certified mail. In the event there are more than three (3) offenses at a building or structure, the owner shall also be guilty of a petty misdemeanor and fined an amount not to exceed five hundred dollars ($500).
Contact Rhode Island Disorderly Conduct Defense Lawyer Joshua Macktaz by Email or call today at (401) 861-1155 and we will respond
to you as soon as possible.
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Since disorderly conduct covers a wide range of behaviors, the defenses vary depending on the facts of your case.
We can contest whether the alleged behavior your are accused of truly qualifies as disturbing or alarming to a person of average sensibilities. Charges of disorderly conduct are subjective, and can easily be overstated by an accuser who is upset. The police will often charge the crime based on little evidence.
Contact Rhode Island Disorderly Conduct Defense Lawyer Joshua Macktaz by Email or call today at (401) 861-1155 and we will respond
to you as soon as possible.
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Criminal
law embodies the statutes defining criminal
offenses, including how offenders are
to be charged, tried, and punished. If you are
facing criminal charges in Rhode Island such as DUI / DWI (Drunk Driving) charges, narcotics possession, or intent, assault, homicide, burglary,
rape, or any other criminal charge, CONTACT Joshua Macktaz, a Rhode Island Defense
Attorney today for a free, initial consultation
to discuss your case. I have extensive Criminal
law experience in the State of Rhode Island.
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. |
