Massachusetts Disorderly Conduct Charge Dismissed After Negotiations With Prosecutor

Attorney Stephen Neyman negotiated the dismissal of a Massachusetts disorderly conduct charge against a client who was arrested following an incident outside a hotel bar. Dismissal was conditioned on the client writing letters of apology to the officers and paying $150 court costs.

The facts of this case are as follows. Our client was intoxicated. Seeing this, employees of the establishment asked him to leave. He responded by swinging at one of the employees after which the other employees restrained him until the police arrived.

The responding officers saw our client attempting to leave the area. The noticed that he had difficulty walking and was nearly struck by an oncoming car. The officers brought him back to the sidewalk and arrested him.

The man was charged with disorderly conduct in violation of Massachusetts General Laws Chapter 272, Section 53. Attorney Stephen Neyman was retained to represent the him. After negotiations with the district attorney’s office, the disorderly conduct charge was dismissed.

Understanding Disorderly Conduct Under Massachusetts Law

Disorderly conduct is addressed under G.L. c. 272, § 53. A prosecution generally requires the Commonwealth to prove beyond a reasonable doubt that the defendant engaged in qualifying conduct, that the conduct was reasonably likely to affect the public, and that the defendant intended to cause public inconvenience, annoyance, or alarm, or recklessly created a risk of public inconvenience, annoyance, or alarm.

The qualifying conduct can include fighting or threatening behavior, violent or tumultuous behavior, or creating a hazardous or physically offensive condition through an act serving no legitimate purpose.

These requirements matter because an arrest does not establish guilt. The prosecution must prove the applicable elements beyond a reasonable doubt.

How the Circumstances of the Incident Related to the Charge

Several circumstances were relevant to the disorderly conduct allegation in this case.

Hotel employees alleged that the client swung at an employee. Police also observed the client’s difficulty walking and the danger posed when he nearly entered the path of an approaching vehicle. The incident drew a response from multiple officers.

These facts provided context for the prosecution’s allegation that the client’s conduct created a risk of public inconvenience or alarm.

Massachusetts appellate courts have considered the public impact of a defendant’s conduct when evaluating disorderly conduct allegations. In Commonwealth v. Sinai, 47 Mass. App. Ct. 544 (1999), the Appeals Court addressed whether the evidence supported a disorderly conduct finding based on fighting or tumultuous behavior and the risk of public inconvenience, annoyance, or alarm.

The application of these legal principles depends on the particular evidence and circumstances of each case.

Negotiating a Dismissal of the Charge

Following his arrest, the client was polite and apologetic toward the responding and arresting officers during booking. He also had an established employment history and strong community ties.

During negotiations, the district attorney’s office agreed to dismiss the disorderly conduct charge. The resolution required the client to pay $150 in court costs and write letters of apology to the officers involved.

The case was resolved through negotiations without a trial.

Facing a Disorderly Conduct Charge in Massachusetts?

A disorderly conduct arrest can have serious consequences, and the appropriate defense strategy depends on the specific facts, evidence, and circumstances of the case.

An experienced Massachusetts criminal defense attorney can evaluate the allegations, assess the evidence, explain the applicable law, and determine whether negotiating a dismissal or pursuing another legal strategy may be appropriate.

Attorney Stephen Neyman represents individuals facing criminal charges in Massachusetts.

Learn more about Massachusetts disorderly conduct defense and the legal options that may be available to you.

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