Providence Disorderly Conduct Lawyer

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Providence Disorderly Conduct Attorney

Being charged with disorderly conduct in Providence, RI, can be both frightening and confusing as you try to understand the charges against you. Having a strong defense with a Providence disorderly conduct lawyer can make a huge difference in the outcome of your case. Ellison Law LLC can help you if you are facing disorderly conduct charges.

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Why Choose Us?

At Ellison Law LLC, we believe in backing every client with clear communication, compassion, and strong legal defense. We have defended many disorderly conduct cases for clients throughout Providence and neighboring regions at locations such as the J. Joseph Garrahy Judicial Complex located at 1 Dorrance Plaza in Providence.

You do not have to navigate disorderly conduct accusations alone. A dedicated Providence criminal defense lawyer can help you protect your rights and fight for the greatest possible result in your case. We are here to assist you through this trying time.

What Is Disorderly Conduct?

In Rhode Island, disorderly conduct covers a range of offenses that are disruptive to the general public and/or their safety. The law states that the actions must be performed intentionally or recklessly. Generally speaking, the offender should have been aware of their actions. These actions can involve the following:

  • Being carried out in a threatening or frightening manner
  • Being in a public space (especially one where the offender legally cannot be)
  • Obstructs a passageway (such as a street or staircase)
  • Disrupts a gathering
  • Illegally “peeping” through a building, especially into a space deemed for privacy, such as a bathroom or locker room

Unfortunately, disorderly conduct charges are subjective. Different people, including law enforcement officers, can interpret “disorderly” behavior differently. In 2023, Providence police received 44 disorderly conduct calls. Disorderly conduct is also a prevalent charge in juvenile arrests. In 2022, there were about 34,800 juvenile disorderly conduct cases, showing a 56% increase from the previous year.

Examples of Disorderly Conduct

While some instances can be subjective and handled at the discretion of authority figures handling a disorderly conduct case, there are some instances that would be much more likely to be considered disorderly. Some of these include:

  • Public Fighting: When individuals engage in public fighting or other altercations (such as screaming and arguing so loudly that it disrupts an event), this would likely be considered disorderly conduct, especially if performed in highly public places, such as downtown Providence or popular nightlife areas.
  • Verbal Threats: Verbally threatening someone, especially loudly doing so, can be considered disorderly conduct even if no physical altercation occurs.
  • Intentionally Obstructing Traffic: An example of this could be blocking an intersection during a parade or using your vehicle to block pedestrian traffic during a protest.
  • Engaging in Dangerous Activities: Actions that would be a hazard to others can be considered disorderly, such as throwing a glass bottle into a concert crowd.
  • Indecent Exposure: Public nudity can also fall under this category.

Another common occurrence to note is being drunk in public. While Rhode Island does not have a specific “drunk and disorderly” charge, being publicly intoxicated can heavily influence an officer’s decision to arrest someone for disorderly conduct. This is particularly true if the person is so drunk that they pose a threat to themselves or others.

Even if the individual did not commit a crime, they may still be arrested if they are obviously publicly drunk, especially in heavily populated areas, and even more so if they are creating a disturbance.

Penalties for Disorderly Conduct

In Rhode Island, being convicted of disorderly conduct usually results in a misdemeanor charge. Misdemeanors can result in jail time, fines, community service, probation, and/or mandatory counseling, depending on the nature of the incident.

In addition to criminal penalties, a conviction can negatively impact your criminal record, making it more difficult to secure housing and employment. It is reported that approximately 95% of employers in the United States perform background checks.

A conviction could result in mandatory appearances at District Court or the fulfillment of terms from local probation offices like the Rhode Island Department of Corrections Probation and Parole Office. Due to the serious nature of a conviction, having legal representation becomes a necessity.

FAQs

Q: How Do You Get a Disorderly Conduct Charge Dropped?

A: To successfully get a disorderly conduct charge dropped in Providence, you need to negotiate with the prosecutor or show that the evidence against you is weak. Your lawyer may claim that your actions failed to fit the disorderly conduct legal criteria, your rights were breached during your arrest, or you successfully finished a diversion program. You need both prompt action and powerful legal representation to get a charge dropped.

Q: How to Beat a Disorderly Conduct Charge?

A: Your attorney can help you beat a disorderly conduct charge by challenging the prosecution’s evidence and witness credibility and arguing that your behavior was lawful or protected under free speech rights. Demonstrating your lack of intent to create harm or disruption can result in acquittal as well. Having tailored pretrial motions and trial defenses specifically designed for your case is usually helpful in beating a charge.

Q: What Is the Most Common Punishment for Disorderly Conduct?

A: First-time disorderly conduct offenders in Rhode Island usually receive probation, pay a fine, or perform community service as punishment. Incarceration seldom happens unless violent behavior or repeated offenses become part of the case. In several scenarios, defendants receive a conditional discharge, which leads to dropped charges once they fulfill specific requirements set by the court.

Q: How Bad Is Disorderly Conduct on Your Record?

A: Having a disorderly conduct conviction damages your criminal record and results in negative background checks, which then jeopardize your chances of obtaining employment, housing, and educational opportunities. A criminal record carries negative implications for many employers and landlords, even when the offense is only a misdemeanor.

Rhode Island residents may be able to apply to remove their disorderly conduct charge from their record after a designated waiting period if they fulfill specific requirements.

Contact Ellison Law LLC Today for Help With a Disorderly Conduct Charge in Providence

If you have been charged with disorderly conduct, you do not have to navigate the legal landscape by yourself. The legal team at Ellison Law LLC can inform you of your options. Contact us today to get started.

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