Disorderly Conduct Laws and Penalties in Michigan

Disorderly conduct is a criminal offense in Michigan that encompasses a broad range of behaviors. These behaviors can range from making loud or unreasonable noises, fighting in public, or obstructing traffic, to using abusive or threatening language in a public place.

This is what the police throw at you if you don’t cooperate.

Understanding the intricacies of disorderly conduct laws is important, as a conviction can have serious legal and social consequences, including fines, imprisonment, and a criminal record.

This article provides an overview of disorderly conduct laws and penalties in Michigan, as well as potential defenses and expungement options.

Introduction to Disorderly Conduct Laws in Michigan

Disorderly conduct is a broad term that encompasses a wide range of behavior that is considered disruptive to the general public or potentially dangerous. Every state has its own set of laws regarding disorderly conduct, and Michigan is no exception. Understanding what constitutes disorderly conduct and the potential penalties for violating these laws is important for anyone living or visiting in Michigan.

Definition of Disorderly Conduct

In Michigan, disorderly conduct is defined as any willful and malicious act that disturbs the peace of others or endangers the safety of others. This can include behaviors such as fighting, making excessive noise, being intoxicated in public, or engaging in indecent or lewd behavior in a public place.

Purpose of Disorderly Conduct Laws

The purpose of disorderly conduct laws is to maintain public order and safety. This includes ensuring that people feel safe and secure in public spaces, and that they are not subjected to disruptive or dangerous behavior. Disorderly conduct laws give law enforcement officials the ability to intervene when behaviors like fighting or excessive noise threaten the safety and well-being of the community.

Understanding the Elements of Disorderly Conduct

What Constitutes Disorderly Conduct in Michigan?

To be charged with disorderly conduct in Michigan, three elements must be present: 1) there must be a willful or malicious act, 2) the act must disturb the peace of others, and 3) the act must endanger the safety of others. These elements must all be present for a disorderly conduct charge to be valid.

Examples of Disorderly Conduct Under Michigan Law

Examples of behavior that could be considered disorderly conduct in Michigan include fighting or engaging in violent behavior in a public place, making excessive noise that disturbs others, public intoxication, engaging in lewd or indecent behavior in public, or interfering with a lawful assembly or procession.

Types of Disorderly Conduct Offenses in Michigan

Disturbing the Peace

Disturbing the peace is one of the most common types of disorderly conduct offenses in Michigan. This can include making excessive noise, engaging in fighting or violent behavior in a public place, or creating a situation that disturbs the peace and safety of others.

Disrupting a Lawful Meeting or Assembly

Disrupting a lawful meeting or assembly is another type of disorderly conduct offense in Michigan. This can include interfering with a public meeting, assembly, or procession, or engaging in behavior that disrupts the proceedings of such an event.

Obstructing Police or Emergency Services

Obstructing police or emergency services is also considered disorderly conduct in Michigan. This can include interfering with a police officer’s duties, refusing to comply with a lawful order, or creating a situation that impedes the ability of emergency services to do their job.

Penalties for Disorderly Conduct in Michigan

Fines and Costs

The penalties for disorderly conduct in Michigan can vary depending on the severity of the offense and other factors. Fines can range from $50 to $500 for a first offense, and up to $750 for subsequent offenses. In addition to fines, court costs and other fees may also be imposed.

Imprisonment and Probation

In some cases, disorderly conduct offenses in Michigan can result in imprisonment or probation. While first-time offenders are unlikely to face jail time, repeat offenders or those whose behavior poses a significant risk to public safety may face more serious consequences, including imprisonment or probation.

Defenses to Disorderly Conduct Charges

Disorderly conduct is a charge that can be difficult to defend against, but there are some defenses that you can use in court. Here are three common defenses used in disorderly conduct cases:

First Amendment Protections

The First Amendment protects your right to free speech and assembly. If your conduct is a form of protest or expression, it may be protected by the First Amendment. However, if it involves violence or other unlawful behavior, that protection may not apply.

Self-Defense

If you were acting in self-defense, you may be able to argue that your conduct was justified. However, you must be able to show that the force you used was reasonable and necessary to defend yourself.

False Accusations or Misidentification

If you were mistakenly identified or falsely accused of disorderly conduct, you may be able to use this as a defense. This is particularly common in cases where there are multiple people involved and the police may not have had a clear view of what happened.

Expungement of Disorderly Conduct Convictions

If you have been convicted of disorderly conduct in Michigan, you may be able to get your record expunged. This can help you move on with your life and avoid the negative consequences of a criminal record.

Eligibility for Expungement

To be eligible for expungement, you must have completed your sentence and not been convicted of any other crimes during a specified waiting period. The waiting period depends on the severity of the offense and can range from three to seven years.

Process for Expungement

To start the expungement process, you must file a petition with the court. You will need to provide the court with information about your conviction and why you believe you should be granted an expungement. It is recommended to work with an experienced attorney to navigate this process.

How to Fight Disorderly Conduct Charges in Michigan Courts

If you are facing disorderly conduct charges in Michigan, you may feel overwhelmed and unsure of what to do next. Here are some steps you can take to fight the charges:

Working with an Experienced Criminal Defense Attorney

An experienced criminal defense attorney can help you build a strong case and navigate the court system. They can also negotiate with prosecutors on your behalf to try to get the charges reduced or dismissed.

Challenging the Evidence Against You

You may be able to challenge the evidence against you in court. For example, you may be able to argue that the police did not have probable cause to arrest you or that the witnesses against you are unreliable. Your attorney can help you identify the best strategy for your case.In conclusion, it is important to take disorderly conduct charges seriously in Michigan. If you are facing disorderly conduct charges, it is essential to seek the guidance of an experienced criminal defense attorney who can help you navigate the legal process and protect your rights. Remember that a conviction can have long-lasting consequences, so it is important to explore all options for defending yourself against these charges.

Frequently Asked Questions (FAQ)

Can disorderly conduct charges be expunged from my record?

Yes, disorderly conduct charges can be expunged from your record under certain circumstances. You must meet specific eligibility criteria and follow the process set forth by Michigan law.

What is the punishment for disorderly conduct in Michigan?

Disorderly conduct is a misdemeanor offense in Michigan. A conviction can result in a fine of up to $500 and/or imprisonment for up to 90 days.

What are some common defenses to disorderly conduct charges?

Common defenses to disorderly conduct charges include First Amendment protections, self-defense, and false accusations or misidentification.

Do I need an attorney to defend against disorderly conduct charges?

While it is not required to hire an attorney for disorderly conduct charges, it is highly recommended. An experienced criminal defense attorney can help you understand the charges against you, explore potential defenses, and guide you through the legal process to achieve the best possible outcome.

 Michigan Laws