Written By: William J. Manchinton Jr.
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Being charged with disorderly conduct can be overwhelming and confusing. At The Law Office of Matthew W. Peterson, we understand that many people facing these charges have never been in trouble with the law before. This guide will help you understand Massachusetts disorderly conduct law and how our experienced defense team can protect your rights and future.
Under Massachusetts General Laws Chapter 272, Section 53, disorderly conduct encompasses a range of behaviors that disturb public peace and order. While the statute might seem straightforward, the law’s application involves complex constitutional considerations that can significantly impact your case.
The prosecution must prove three specific elements beyond a reasonable doubt to secure a conviction.
These requirements create substantial opportunities for defense, particularly when constitutional rights are involved. The Supreme Judicial Court has repeatedly emphasized that disorderly conduct charges cannot criminalize protected First Amendment activities or legitimate political protest.
The consequences of a disorderly conduct conviction extend far beyond the courtroom. For a first offense under Section 53(b), you face a maximum fine of $150. However, for a second or subsequent offense, penalties increase dramatically—up to 6 months in jail, a $200 fine, or both.
More concerning for many clients are the collateral consequences. A conviction creates a permanent Criminal Offender Record Information (CORI) entry that appears on background checks for employment, housing, and professional licensing. While Massachusetts law allows sealing of misdemeanor convictions after 3 years, during that time, the conviction can limit career opportunities, educational prospects, and housing options.
The 2018 Criminal Justice Reform Act provided some relief, particularly for students. Elementary and secondary school students cannot be adjudicated delinquent for disorderly conduct occurring on school property or at school events, though they may still face school discipline.
Massachusetts courts have established robust First Amendment protections in disorderly conduct cases. In the landmark case Commonwealth v. Feigenbaum, 404 Mass. 471 (1989), the Supreme Judicial Court reversed convictions of political protesters who blocked traffic at Otis Air Force Base, finding their conduct served the “legitimate purpose” of political expression.
Your constitutional rights matter in these cases. The courts have made clear that you cannot be convicted based on speech alone unless it constitutes “fighting words” or true threats. Political protest, expression of opinions—even if others find them offensive—and peaceful demonstrations receive strong constitutional protection. As established in Commonwealth v. A Juvenile, 368 Mass. 580 (1975), the disorderly conduct statute cannot reach conduct involving the “lawful exercise of a First Amendment right.“
This constitutional framework creates powerful defense opportunities, particularly for cases involving protests, demonstrations, or expressive conduct. The prosecution bears the burden of proving your actions served no legitimate purpose—a challenging standard when constitutional rights are implicated.
Every disorderly conduct case presents unique circumstances requiring tailored defense strategies. Recent cases like Commonwealth v. Accime, 476 Mass. 469 (2017), have strengthened defenses based on lack of intent, particularly emphasizing that defendants must be aware that their conduct would impact others.
Challenging whether the prosecution can prove all three required elements. Often, the Commonwealth struggles to establish the public impact element, especially when incidents occur in settings with limited public access. The intent element also provides fertile ground for defense, as the prosecution must prove you acted purposefully or recklessly regarding public disruption.
First Amendment defenses remain particularly powerful. When charges stem from political activity, protests, or expressive conduct, we vigorously assert constitutional protections. The burden shifts to the prosecution to prove your conduct served no legitimate purpose—a difficult standard when First Amendment rights are involved.
Procedural defenses examining police conduct, arrest procedures, and evidence collection often reveal violations that can lead to dismissal. Video evidence, witness testimony, and documentation of events frequently contradict initial police reports, providing ammunition for your defense.
Our experienced criminal defense team understands that disorderly conduct charges often arise from misunderstandings, momentary lapses in judgment, or legitimate exercises of constitutional rights. We approach each case with the recognition that good people sometimes find themselves in difficult situations.
Our comprehensive defense approach begins immediately. We thoroughly investigate the circumstances of your arrest, interview witnesses, obtain video evidence when available, and identify constitutional and procedural issues that can strengthen your defense. We understand how context matters—what constitutes disorderly conduct varies significantly based on location, time, and surrounding circumstances, as the Supreme Judicial Court emphasized in Commonwealth v. Sholley, 432 Mass. 721 (2000).
We work aggressively to protect your record and future. This might mean negotiating for dismissal, pursuing alternative resolutions that avoid criminal conviction, or taking your case to trial when necessary. We understand the long-term implications of criminal records and fight to minimize consequences that could affect your employment, education, and housing opportunities.
Disorderly conduct charges require immediate attention and experienced legal representation. The decisions you make now will impact your future for years to come. At The Law Office of Matthew W. Peterson, we combine deep knowledge of Massachusetts criminal law with a commitment to protecting our clients’ rights and futures.
Don’t let a disorderly conduct charge derail your life. Contact our office today for a confidential consultation. We’ll review your case, explain your options, and develop a defense strategy tailored to your specific circumstances. With the right legal representation, you can fight these charges and protect your future.
Time is critical in criminal cases. Evidence disappears, witnesses become unavailable, and opportunities for favorable resolution diminish. Contact The Law Office of Matthew W. Peterson now to ensure your rights are protected from the very beginning of your case.