Disorderly Conduct
What is considered Disorderly Conduct in Minnesota?
Disorderly conduct in Minnesota is a misdemeanor crime. This means that the maximum penalty is a $1,000 fine and/or 90 days in jail. If you’re facing a disorderly conduct charge, don’t panic. It’s very rare to end up spending time in jail.
How do you end up with a disorderly conduct charge?
Typically, there are two ways that you’ll end up facing a disorderly conduct charge. The first is when you plead guilty to disorderly conduct instead of a greater charge. This will generally occur if you’ve been charged with a misdemeanor assault. The terms of the plea agreement significantly affect its impact on your record and eligibility for expungement. The second scenario is if the State doesn’t have a strong case against you. It’s often used as a catch-all charge for many different types of cases. I have personally seen this charge used for fights that were clearly in self-defense all the way up to non-consensual sexual allegations with terrible evidence.
Do I need a lawyer for a disorderly conduct charge?
If you’re facing a Minnesota disorderly conduct charge, I highly recommend consulting with a lawyer. There are so many different scenarios that can result in this charge so, it’s important to know where your case stands. For example, when you’re doing your plea are you receiving a stay of adjudication? This means that a conviction won’t go on your record. It’s common to see defendants eat the charge because they don’t think it’s a big deal. But, the conviction means it will be on your record. I’ve had many opening offers where the plea would result in a conviction, but after negotiations, I will almost always get a non-conviction for my client.
What are the most common acts charged as Disorderly Conduct?
Disorderly conduct commonly refers to brawling, being obscene, damaging property, playing loud music, revving a noisy car engine, or disturbing a lawful meeting or assembly.
How do I beat a disorderly conduct charge?
When it comes to a disorderly conduct charge in Minnesota, it’s also important to know how to navigate the court process. If we have a winning case, I’ll file a speedy demand. Usually, weeks later I’ll often have a dismissal served. This is because prosecutors have bigger fish to fry and don’t want to mess with a little case if they have a backlog of important ones. If you try to represent yourself without a Minnesota lawyer, there’s basically no threat of trial to a prosecutor. While they may believe they can overcome a case with a non-represented defendant, they know it will be more challenging against a lawyer. If you’ve hired a Minnesota attorney for your disorderly conduct case, they will usually fold.
Who decides if the conduct is disorderly?
The jury will ultimately decide if a charge goes to trial. Prior to that, an objective standard is used: would a reasonable person find the conduct disorderly?
Will I serve jail time on a disorderly conduct charge?
The good news about a disorderly conduct charge is you likely won’t serve jail time. There will, however, be a probationary period and fines. Not to mention that it will go on your criminal record. This is why I cannot recommend hiring a Minnesota attorney enough. You may be able to avoid most of these consequences or have the case completely dismissed. Have a disorderly conduct charge? Contact Minnesota Disorderly Conduct Attorney Maxwell Shek today, we can help.