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 Disturbing the Peace 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: That the defendant engaged in conduct which most people would find to be unreasonably disruptive, such as (making loud and disturbing noise) (tumultuous or offensive conduct) (hurling objects in a populated area) (threatening, quarreling, fighting, or challenging others to fight) (uttering personal insults that amount to fighting words, that is, are so offensive that they are inherently likely to provoke an immediate violent reaction);
Second: That the defendant’s actions were done intentionally, and not by accident or mistake; and
Third: That the defendant did in fact annoy or disturb at least one person. To amount to disturbing the peace, the defendant’s acts must have been voluntary, unnecessary, and contrary to normal standards of conduct. You should consider all the circumstances, including such important factors as time and location, in determining whether the defendant Page 2 2009 Edition disturbed the tranquility of at least one person in that area, or interfered with at least one person’s normal activity.
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.