Rhode Island Disorderly Conduct Lawyer

Disorderly Conduct Attorney in Rhode Island

If you’ve been charged with Disorderly Conduct in Rhode Island, it is important that you take the offense seriously because it can have serious consequences. Even though Disorderly Conduct sounds like it may be a minor offense, it can have severe consequences. A Rhode Island disorderly conduct lawyer can review the charges and help you mount a proper defense.

Hire a Disorderly Conduct Lawyer

You face the possibility of receiving a criminal record, potential jail time, probation, and possible fines and fees. This is why it is important to hire a disorderly conduct lawyer to help represent you on the charges of Disorderly Conduct. Ellison Law LLC has helped many clients who have faced charges of Disorderly Conduct in Rhode Island.

What Is Disorderly Conduct in Rhode Island?

In Rhode Island, disorderly conduct can be simply defined as disrupting the peace. If you are threatening, engaging in a fight, or your conduct is disturbing the general peace, you can be charged with disorderly conduct.

You can expect to receive a disorderly conduct charge if you are committing acts that impede the normal functioning of the general public. Depending on the context, disorderly conduct can be classified as a misdemeanor, and you can face potential fines, jail time, or other penalties.

What Are Some Common Behaviors that May Lead You to a Disorderly Conduct Charge in Rhode Island?

Generally speaking, these actions may lead you to a disorderly conduct charge:

• Making loud or unreasonable noises
• Engaging or inciting fights
• Making general threats
• Breaking objects violently
• Disrupting public meetings
• Peeping through private windows
• Disturbing assemblies or gatherings
• Disrupting religious meetings
• Blocking traffic or public pathways

What is the Law for Disorderly Conduct in Rhode Island?

Behaviors that disrupt the general public’s peace may lead you to have a disorderly conduct charge. Rhode Island has a list built into the disorderly conduct law of all the behaviors that when a person engages, intentionally or not, can be considered disorderly conduct.

Disorderly Conduct comes from Rhode Island General Laws § 11-45-1 “Disorderly Conduct.” That law states the following:

(a) A person commits disorderly conduct if he or she intentionally, knowingly, or recklessly:

(1) Engages in fighting or threatening, or in violent or tumultuous behavior;

(2) In a public place or near a private residence that he or she has no right to occupy, disturbs another person by making loud and unreasonable noise which under the circumstances would disturb a person of average sensibilities;

(3) Directs at another person in a public place offensive words which are likely to provoke a violent reaction on the part of the average person so addressed;

(4) Alone or with others, obstructs a highway, street, sidewalk, railway, waterway, building entrance, elevator, aisle, stairway, or hallway to which the public or a substantial group of the public has access or any other place ordinarily used for the passage of persons, vehicles, or conveyances;

(5) Engages in conduct which obstructs or interferes physically with a lawful meeting, procession, or gathering;

(6) Enters upon the property of another and for a lascivious purpose looks into an occupied dwelling or other building on the property through a window or other opening; or

(7) Who without the knowledge or consent of the individual, looks for a lascivious purpose through a window, or any other opening into an area in which another would have a reasonable expectation of privacy, including, but not limited to, a restroom, locker room, shower, changing room, dressing room, bedroom, or any other such private area, not withstanding any property rights the individual may have in the location in which the private area is located.

(8) [Deleted by P.L. 2008, ch. 183, § 1].

(b) Any person, including a police officer, may be a complainant for the purposes of instituting action for any violation of this section.

(c) Any person found guilty of the crime of disorderly conduct shall be imprisoned for a term of not more than six (6) months, or fined not more than five hundred dollars ($500), or both.

(d) In no event shall subdivisions (a)(2) – (5) of this section be construed to prevent lawful picketing or lawful demonstrations including, but not limited to, those relating to a labor dispute.

Is Indecent Exposure classified as Disorderly Conduct in Rhode Island?

Yes, and it’s considered an even more serious crime than a regular disorderly conduct charge. In Rhode Island, indecent exposure is when a person intentionally, knowingly or recklessly exposes their genitals to other people for sexual stimulation or arousal. This conduct is done under a circumstance where this exposure would cause alarm or distress to a person.

The penalties for indecent exposure in Rhode Island are different from a regular disorderly conduct charge. You may potentially face up to a year in jail and a $1,000 fine. If you are charged with indecent exposure again after being convicted, it will be considered a felony and up to 3 years of jail time. Also, you may need to have professional counseling.

In Rhode Island, unlike the instances listed in the law for disorderly conduct in Rhode Island General Laws § 11-45-1, indecent exposure has its own statute: Rhode Island General Laws § 11-45-2:

§ 11-45-2. Indecent exposure — Disorderly conduct.

(a) A person commits indecent exposure/disorderly conduct when for the purpose of sexual arousal, gratification or stimulation, such person intentionally, knowingly, or recklessly:

(1) Exposes his or her genitals to the view of another under circumstances in which his or her conduct is likely to cause affront, distress, or alarm to that person;

(b) Any person may be a complainant for the purposes of instituting action for any violation of this section. This act shall not apply to any conduct between consenting adults where the complainant is an unintended witness;

(c) Any person found guilty of, or who pleads nolo contendere to the crime of indecent exposure/disorderly conduct, shall be imprisoned for a term of not more than one year, or fined not more than one thousand dollars ($1,000), or both. Any subsequent offense shall be punished by imprisonment for a term of up to three (3) years;

(d) Counseling. Every person convicted of, or placed on probation for a violation of this section, may be ordered to attend appropriate professional counseling to address his or her behavior;

(e) In no event shall the provisions of this section be construed to apply to breastfeeding in public.

Is Disorderly Conduct a Misdemeanor or a Felony in Rhode Island?

In Rhode Island, a disorderly conduct charge is generally classified as a misdemeanor. It still is a criminal charge, but it’s less severe than a felony. If the conduct escalates, like involving weapons or causing significant harm, then there may be additional charges that could elevate the entire case into a felony.

Still, even as a misdemeanor, you shouldn’t take this charge lightly. A conviction can lead to long-term consequences, such as having difficulties finding employment or missing housing opportunities due to having a criminal record.

Can I Be Charged with Disorderly Conduct on My Own Property in Rhode Island?

Yes, in Rhode Island, you can be charged with disorderly conduct on your own property. Although you are free to do what you want in your private area, that doesn’t mean that you have the right to disturb someone else, either in your home or outside of it. A common example is if you have a heated argument with someone in your home and it becomes threatening or violent.

Why Do I Have a Disorderly Conduct Charge Alongside an Assault Charge in Rhode Island?

You were charged with assault and disorderly conduct because the assault and the disorderly conduct are considered two separate acts, even if they are done in a close amount of time. These two criminal charges are common to see together. A lot of times, the assault charge may not be easy to prove, so the police also charge disorderly conduct to help strengthen their case against you. Disorderly conduct can sometimes be an easier charge to prove for prosecutors than assault.

Can Disorderly Conduct Be Considered a Domestic Violence Offense in Rhode Island?

Yes. In Rhode Island, domestic disorderly conduct happens in the context of a domestic relationship, like family members, a romantic partnership, or the cohabitation of people under the same roof, where disorderly conduct occurs.

Like disorderly conduct, the behavior disrupts the peace and order within a home. Violent or threatening behavior, loud noises, or abusive language are common examples of domestic disorderly conduct. Depending on the circumstances, the Rhode Island Department of Children, Youth, and Families can get involved.

Beyond the regular charges of disorderly conduct, you may also face penalties from Rhode Island General Laws § 12-29-5, which describes the penalties related to domestic violence. It is advised that if you get a domestic disorderly conduct charge, you hire an attorney with experience in criminal charges to avoid the heightened penalties of a domestic charge.

Can a Juvenile Receive a Disorderly Conduct Charge in Rhode Island?

In Rhode Island, a juvenile can receive a disorderly conduct charge, like an adult. Usually, their cases are handled in Family Court, which handles juvenile cases. The juvenile system focuses on rehabilitation over punishment.

A disorderly conduct charge for a juvenile could happen from fighting, making threats, or disrupting public gatherings. Juvenile disorderly conduct cases often arise from incidents at school, in public spaces, or even at home, such as loud arguments, fighting, or disruptive behavior.

The penalties for a juvenile vary but usually involve counseling, community service, or other conditions rather than detention. If the charge is tied to a more serious charge, the penalties could get more severe.

Can a Disorderly Conduct Conviction be Expunged in Rhode Island?

A disorderly conduct conviction may be eligible for an expungement in Rhode Island, which may allow you to clear your record and move forward without the burden of a criminal record; however, eligibility depends on specific criteria.

Generally speaking, if you have been convicted of one misdemeanor (including a disorderly conduct conviction) and you have maintained a clear record for at least five years after completing your sentence, you may qualify for an expungement. You also need to have all court fines or fees paid, and you can’t have any pending criminal proceedings.

If you meet the eligibility requirements, the process involves filing a motion with the court and showing that you have displayed good moral character. If you want to check if you’re available for an expungement in Rhode Island, you can consult with an expungement attorney like the attorneys at Ellison Law LLC. If you would like to read more about expungements in Rhode Island, visit our website here.

What Are Some Defenses to Disorderly Conduct in Rhode Island?

Defenses to disorderly conduct depend on the context of the situation since each disorderly conduct case has its own nuances, and disorderly conduct is a fine line between illegal behavior and the protection of freedom of speech that is under the 1st Amendment. Just because you were saying offensive words doesn’t mean that you were either threatening or violent, and the prosecution must have enough proof to impose the charges.

Your case may be dismissed since the prosecution needs to prove that you were intentionally, knowingly, or recklessly causing a disturbance. An experienced criminal defense lawyer may be able to challenge evidence or a witness. The context is always very important with disorderly conduct charges.

What Happens During a Disorderly Conduct Court Appearance in Rhode Island?

During a disorderly conduct court appearance in Rhode Island, the process usually begins with an arraignment, where the judge formally reads you the charges. During your arraignment, you need to plead either guilty, not guilty, or nolo contendere. If you plead not guilty, the case then proceeds to the pre-trial phase, where you or your attorney can negotiate with the prosecution. During a pre-trial, you or your attorney can present evidence or argue for a dismissal.

If the case continues to trial, then the prosecution has to prove that you’re guilty beyond a reasonable doubt, while you or your attorneys then have the opportunity to cross-examine witnesses, challenge evidence, and present arguments for your defense.

The judge may resolve the case through a plea agreement, trial verdict, or dismissal, depending on the circumstances and the strength of the evidence. If you’re convicted, the court determines the sentence with penalties like jail time, probation, community service, or fines.

What Are the Penalties for Disorderly Conduct in Rhode Island?

In Rhode Island, the penalties for disorderly conduct and indecent exposure disorderly conduct are outlined in Rhode Island’s General Laws. If convicted of a disorderly conduct charge in Rhode Island, there are several penalties you could face, including:

• Up to six months in jail
• A fine of up to $500, plus court costs
• Or both

An indecent exposure disorderly conduct conviction can result in:

• Up to one year in jail
• A fine of up to $1,000, plus court costs
• Or both

Both disorderly conduct and indecent exposure disorderly conduct can also result in probation. First-time offenders may have the opportunity to complete alternative sentencing programs that could lead to the charges being dismissed. Alternative sentencing generally requires the accused to complete anger management, alcohol or drug use classes, or mental health counseling.

Subsequent convictions for the same offense can result in longer terms of imprisonment and larger fines. You can also lose your ability to seek an expungement of the charges if you are convicted of the same offense multiple times.

In addition to legal sanctions, you can also face social consequences for a disorderly conduct conviction. A criminal record is permanent and part of your public record. You could face job loss if you have to serve a period of incarceration. Once you have served your sentence, you could also face:

• Difficulty finding employment
• Challenges in finding appropriate housing
• Lose professional licenses or certifications
• Less likely to win custody of minor children
• The inability to access public educational funding
• Inability to seek higher education at some universities
• Barred from using certain social programs

What Factors Are Considered Aggravating for a Disorderly Conduct Charge in Rhode Island?

In Rhode Island, there are some factors that can cause a disorderly conduct charge to be considered as a more serious charge. These factors are referred to as aggravating factors, and they can prevent you from being eligible for alternative sentencing programs. Aggravating factors could also lead to steeper penalties. Common aggravating factors include:

• Repeat offending. If you are charged with the same offense multiple times, the penalties are increased with each subsequent conviction. You could also be labeled a habitual offender, which could increase the penalties for any future convictions.
• Victim vulnerability. If you engage in an action that affects a victim considered to belong to a vulnerable population, you could face harsher penalties. Disorderly conduct that negatively impacts someone who is elderly, a minor, mentally ill, or someone incapacitated could lead to more severe charges.
• Leadership role. Engaging in disorderly conduct as part of a group could lead to more severe charges if you are determined to be the leader of the group or if you directly influenced the other members of the group to engage in disorderly conduct.
• Hate crime. If your disorderly conduct was the direct result of your own prejudices against a specific group of people, you could face enhanced penalties.

What Mitigating Factors Could Result in Less Severe Charges for Disorderly Conduct in Rhode Island?

In Rhode Island, there are several mitigating factors that are considered when deciding if a defendant qualifies for alternative sentencing programs. These factors are also considered during sentencing. Common mitigating factors include:

• Lack of a criminal record
• If you only played a minor role within a larger group
• If the victim was the initial aggravator
• Past circumstances
• Mental incapacity
• Physical limitations
• Genuine remorse

Can Self-Defense Be Used in a Disorderly Conduct Charge in Rhode Island?

Self-defense can be a valid argument in a disorderly conduct charge in Rhode Island, depending on the circumstances. If you were responding to a genuine threat to your safety or the safety of someone else and your actions were reasonable and necessary to prevent further harm, self-defense may potentially be used as a valid defense.

However, the court evaluates the situation carefully to determine if those actions were reasonably proportionate and justified. They also take into account factors such as the level of threat, whether you attempted to de-escalate the situation, and whether the actions you took were reasonable.

Self-defense is always fact-specific. If you believe you acted in self-defense, you can contact a criminal defense lawyer to help go over your case with you.

What Is Some Relevant Case Law on Disorderly Conduct in Rhode Island?

The disorderly conduct statute was not void for vagueness and did not prohibit arrest and prosecution where the defendant’s alleged disorderly conduct occurred inside his home. The statute put him on notice that he violated that statute if he intentionally, knowingly, or recklessly engaged in fighting, threatening, violent, or tumultuous behavior without regard to the location where that happened.

Thus, the defendant could appreciate that throwing furniture around his residence during a violent argument with his wife, in which he threatened to destroy the home if he did not get his way, was prohibited conduct. State v. Russell, 890 A.2d 453 (R.I. 2006).

The state did not have to prove that the defendant’s behavior occurred in a public place or disturbed another member of the public to prove disorderly conduct under R.I. Gen. Laws Section 11-45-1(a)(1). State v. Hesford, 900 A.2d 1194 (R.I. 2006).

What Are the Long-term Consequences of a Disorderly Conduct Charge in Rhode Island?

A disorderly conduct conviction in Rhode Island can have long-lasting consequences that go beyond immediate penalties. While it’s classified as a misdemeanor, having this charge on your record can create issues in different aspects of your life. It may affect your ability to get a job, have housing opportunities, and it could even prevent or revoke a professional license since many employers and landlords regularly conduct background checks.

What Are the Most Common Misconceptions About Disorderly Conduct in Rhode Island?

There are some misconceptions about disorderly conduct in Rhode Island, which can cause confusion. A common misconception is that disorderly conduct only applies to public spaces, but you can be charged with it even on your own property.

Another misconception is that it’s a minor offense without serious consequences, but in reality, it’s a misdemeanor crime that may result in jail time, amongst other penalties. You may believe that free speech protects all actions labeled under disorderly conduct, but behaviors like threats or inciting violence fall outside of freedom of speech.

What Happens if I Ignore a Disorderly Conduct Summons in Rhode Island?

Ignoring a disorderly conduct summons in Rhode Island may lead to serious consequences. If you fail to appear in court, the court can issue a bench warrant for your arrest. This means that police officers can take you into custody. If you’re arrested on a warrant, a judge could increase your bail amount to make sure you appear in court.

Contact Ellison Law LLC for your Disorderly Conduct in Rhode Island charge today.

If you or a loved one is charged with Disorderly Conduct, you do not need to face the charges alone. Do not hesitate to contact the Rhode Island Disorderly Conduct Lawyers at Ellison Law LLC today at 401-593-8856.