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Skillful Disorderly Conduct Lawyers in Minneapolis, Minnesota


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Criminal & DWI Defense


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Four Minneapolis Disorderly Conduct Attorneys, One Powerful Law Firm

Attorney Kyle Dreger

Kyle Dreger

Attorney Gerald Miller

Gerald Miller

How Disorderly Conduct Attorneys in Minneapolis Help You?

Brawling or Fighting

Disturbing a Lawful Assembly

Offensive Conduct

Caregiver Fighting/Brawling Enhancement

Most states have a general disturbing the peace, reckless conduct, or disorderly conduct statute. Section 609.72 of the Minnesota Statutes is actually more specific than some other similar laws in other states. Many defendants have argued the disorderly conduct law violates free speech. All these challenges have failed. Governments must respect free speech, but they can pass reasonable time, place, and manner restrictions.

Disorderly conduct is a misdemeanor punishable by up to 90 days in jail and/or a $1,000 fine. Additionally, many employers view disorderly conduct as a “troublemaker” offense. So, these convictions, perhaps more so than other misdemeanors, may create significant employment problems.

Since so much is at stake, Gerald Miller, P.A. aggressively defends these cases in court. We do more than reduce or eliminate the consequences of a criminal conviction. We also stand up for your rights, including your right to free speech.

Brawling and Fighting Defense

“Fighting” is very broadly defined. There is no physical or emotional injury requirement. That feature makes this section different from other disorderly conduct offenses which at least require an emotional injury. In fact, the fight need not even be physical. It could be verbal.

“Brawling” does not require active participation. Watching a fight and encouraging the conduct, or doing nothing to discourage it, could be considered brawling.

As qualified Minneapolis Disorderly Conduct lawyers, we understand that just Like other disorderly conduct charges, fighting and brawling usually requires a civilian witness. By the time police officers arrive, the fight is normally over. This additional requirement makes it difficult for prosecutors to obtain convictions.

Fighting Charges For Disturbing a Lawful Assembly

Mere presence does not disturb an assembly, no matter how the participants react. If a prominent Democrat attended the Republican National Convention and sat relatively quietly, disorderly conduct charges would probably not hold up in court, no matter how badly the Republicans resented the Democrat’s presence.

Instead, the law requires a disturbance. That act could be shouting down a speaker, chanting, or holding signs. However, these things might or might not constitute a disturbance, depending on the facts.

The lawful assembly requirement is more uncertain. If the group had a permit from a government body, the assembly is clearly legal. Ad hoc gatherings, like street demonstrations, might or might not be lawful. Speaking to a Minneapolis Disorderly Conduct lawyer will help you gain a better understanding.

Offensive Conduct Defense

The statute prohibits “offensive, obscene, abusive, boisterous, or noisy conduct or in offensive, obscene, or abusive language tending reasonably to arouse alarm, anger, or resentment in others.” That’s an awful lot of words, and an awfully vague definition. The different levels of profanity are a good example.

Common four-letter words in PG movies are technically obscene. This language legitimately offends many people. However, such language does not reasonably offend people. An exception might be shouting a four-letter word in church.

F-bombs and s-bombs are in a grey area. Occasional, incidental use probably does not satisfy the alarm, resentment, or anger requirement. Repeated use might do so, especially if the defendant used his/her outside voice.

If the defendant shouts such language at another person, this conduct almost certainly constitutes disorderly conduct. The charges only hold up in court if the other person appears and testifies that the defendant used such language and s/he was offended.

Caregiver Fighting/Brawling Enhancements

If a caregiver fights or brawls with a vulnerable adult, it can create a gross misdemeanor offense, and the maximum punishment is a year in jail and a $3,000 fine. This enhancement does not apply to obscene language or other disorderly conduct sections. Remember, even though it may seem like a Minneapolis Assault lawyer would be able to help you in such cases, it is best to speak to a proven Minneapolis Disorderly Conduct lawyer and request assistance.

A “caregiver” is someone who has responsibility for a family member. A “vulnerable adult” is someone who receives, or is qualified to receive, services from any inpatient facility, such as a nursing home or drug rehab facility.

Frequently Asked Questions

No. Disorderly conduct is a misdemeanor or, in some cases, a gross misdemeanor. However, a misdemeanor could mean up to 90 days in jail and/or a $1,000 fine plus court costs. Disorderly conduct has substantial indirect consequences as well.

Basically, disorderly conduct is offensive physical or verbal conduct in a one-on-one or group setting. The statute criminalizes a number of behaviors when many people would not consider criminal.

Since disorderly conduct is a misdemeanor, a court appearance is almost always required. Occasionally, if the evidence is very weak, a Minneapolis defense lawyer can use that to dramatically impact the result of the case.

How We Make A Difference For You

See What Our Clients Say

Erik L
Erik L
17:01 25 May 23
2x Felon currently on Parole w/ a bag of misdemeanors to add and I had an accident where i crashed into the back of another car after driving like I shouldn't have been! So anyone in my shoes knows this is all bad! I called Gerry and from that moment all the anxiety, stress, worry and FEAR (let's keep it real) went away! He will keep it straight forward with you, he will always be available for you to call and ask questions and at no point will you feel out of the loop with your case. LISTEN every attorney is gonna try and tell you what you want to hear maybe even try to charge you way less. But YOU GET WHAT YOU PAY FOR in the legal system period! Take it from a 41yr old convict who's seen and heard it all! Because of Gerry and his team I'm able to execute my parole in Sep. 25' Be FREE FROM PAPERS all because Gerry. I pled Guilty to a 4th deg dwi misdemeanor got a year of probation which rolled over to my parole agent. HE SAVED ME FROM GOING BACK TO PRISON! So listen you do what you want with this information! Oh and my guy just was charged with a Felony. So i called Gerry to see if he could help and not only is he helping he looked out for him on the $ part too! Because of me! (where was mine lol) Look he'll take care of you even when it's not for you lol! Thank you Gerry for everything you did for me, my family and friend.
Patrick Tombers
Patrick Tombers
16:29 18 May 23
Great group to work with, extremely helpful, and knowledgeable. They helped me get a better outcome than I could have gotten myself. Also very reasonable on cost. They kept me well informed through my time going through court and willing to help with any questions I have going forward now that my case is closed.
Jenna Nygaard
Jenna Nygaard
01:18 02 May 23
Kyle was amazing. He eased my mind and helped me through a very tough time of my life. Got my charges dropped down a lot! He's super quick to respond to any and all questions. Highly recommend!!
Nickolas Ritten
Nickolas Ritten
21:32 28 Apr 23
Gerald Miller and Kyle Drager handled my case for me and got me a great result that was much better than I thought it would be. I mostly communicated with Kyle concerning my case and he would always answer my texts/questions promptly. Would highly recommend these guys.
Matt Richards
Matt Richards
18:22 27 Apr 23
This is my first positive review I’ve written and it’s for good reason. I normally don’t do these kinds of things but Kyle Dreger absolutely blew me away with everything he did for my case. I couldn’t be happier with the outcome as it wasn’t looking good for me. Kyle walked me through each and every possible thing there was to know and explained everything so well and clearly. If you’re reading this right now and debating whether or not you would give them business, I wouldn’t hesitate in having them represent me again. Worth absolutely every penny and completely saved me. As I said, I couldn’t be more pleased with the outcome of my case.
megan Smithy
megan Smithy
11:58 26 Apr 23

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