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Rhode Island Disorderly Conduct Lawyer

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Rhode Island Disorderly Conduct Attorney

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.

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 have an experienced Rhode Island criminal defense attorney 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.

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 in your own home. 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, a 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 a 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 DCYF 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 on criminal charges to avoid the heightened penalties of a domestic charge.

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 in 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 are the Penalties for Disorderly Conduct in Rhode Island?

  • potential misdemeanor criminal conviction
  • up to 6 months in jail
  • up to $500 fine
  • possible community service

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

Disorderly conduct statute was not void for vagueness and did not prohibit arrest and prosecution where 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, and, thus, 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).

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

If you or a loved one are charged with Disorderly Conduct, you do not need to fight the charges alone. Do not hesitate to contact the Rhode Island Disorderly Conduct Lawyers at Ellison Law LLC today at 401-230-5520.

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Hands down the best. Via Google

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Dave spent almost a year working with me to help resolve my case in my favor. From the start the outlook was rather grim, however Dave assured me that we had options, and we would…

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I cannot express my utmost gratitude and overall Appreciation to Allyson Quay of David Ellison law. I contacted a family lawyer who referred me to a former law school colleague. Unsure of whether or not…

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- Cares About His Clients

"I am compelled to express my profound gratitude to attorneys Allyson Quay and David for their exceptional legal representation that resulted in the successful dismissal of my recent traffic court ticket. Their expertise, dedication, and…

- Exemplary Legal Representation: A Grateful Client’s Journey with Ellison Law’s Dedication, Expertise, and Compassion

Takes his job and his role in society very seriously and actually puts the work in for his clients and does not settle for less. He told me what he was going to do for…

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"Allyson Quay at this firm was amazing. She took care of a traffic summons for us and it was painless. We live far from where the summons was given. She was speedy and efficient and…

- Efficient and Kind Legal Assistance

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225 Dyer St 2nd Floor
Providence, RI 02903

Office Locations

161 S main St
Fall River, MA 02721

Cranston Office

225 Dyer St 2nd Floor
Providence, RI 02903

Fall River Office

161 S main St
Fall River, MA 02721

Phone: 401-230-5520

Fax: 401-867-2950

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