Have you or your loved one been charged with the above-reference offense? If so, call Attorney Scambio for a free consultation at 508-796-5737.
The Massachusetts Legislature defines Disorderly Conduct under Massachusetts General Law Chapter 272 §53 as follows:
Section 53. (a) Common night walkers, common street walkers, both male and female, persons who with offensive and disorderly acts or language accost or annoy another person, lewd, wanton and lascivious persons in speech or behavior, keepers of noisy and disorderly houses, and persons guilty of indecent exposure shall be punished by imprisonment in a jail or house of correction for not more than 6 months, or by a fine of not more than $200, or by both such fine and imprisonment.
(b) Disorderly persons and disturbers of the peace shall, for a first offense, be punished by a fine of not more than $150. For a second or subsequent offense, disorderly persons and disturbers of the peace shall be punished by imprisonment in a jail or house of correction for not more than 6 months or by a fine of not more than $200 or by both such fine and imprisonment; provided, however, that an elementary or secondary school student shall not be adjudged a delinquent child for a violation of this subsection for such conduct within school buildings or on school grounds or in the course of school-related events.
The model jury instructions for use in the District Court requires the Commonwealth to prove the following in order for the Commonwealth to prove each element of the offense. The Commonwealth must prove each of the following elements beyond a reasonable doubt at trial:
First: The Commonwealth must prove that the defendant involved himself (herself) in at least one of the following actions: he (she) either engaged in fighting or threatening, or behavior or engaged in violent or tumultuous created a hazardous or physically offensive condition by an act that served no legitimate purpose of the defendant’s;
Second: The Commonwealth must prove beyond a reasonable doubt that the defendant’s actions were reasonably likely to affect the public; and
Third: The Commonwealth must prove beyond a reasonable doubt that the defendant either intended to cause public inconvenience, annoyance or alarm, or recklessly created a risk of public inconvenience, annoyance or alarm.
If you have been charged with this offense and need a trial attorney with real trial experience and trial solutions, or if you have any questions related to this criminal offense, call Attorney Scambio today at 508-796-5737. Remember, before you decide whether to make any statements to law enforcement, discuss that decision with a competent attorney. Attorney Scambio is available six (6) days a week and will take your call to discuss assisting you in your criminal matter.