In Michigan, if you are deemed a “disorderly person” you may be charged with a type of disorderly conduct. Cases of disorderly conduct involve someone disturbing the peace which can range from fighting in a bar to hunting intoxicated. The element all disorderly conduct crimes share is that the behaviors committed by the other person upset, anger, annoy other people, and generally disturb the public.
Although disorderly conduct is often referred to as a “drunk man’s” crime, that doesn’t mean the penalties are light upon conviction. Disorderly conduct can range from 90 days in jail to 4 years in prison depending on the facts of the case. If you or someone you know has been charged with disorderly conduct, it’s imperative you secure legal counsel immediately.
Oakland County Disorderly Persons Lawyer | Bloomfield Hills, Michigan
Have you been arrested as a disorderly person in the state of Michigan? If so, it’s important you have legal representation ready. A disorderly conduct charge could result in years in prison depending on the circumstances surrounding the crime. If you’re in need of legal counsel because of a disorderly conduct arrest, call property crimes lawyer J. Dallo at Dallo Law, P.C..
Dallo of Dallo Law, P.C. can examine the facts of the case, develop a strong defense plan, and execute it with excellence in the courtroom. To learn all your legal options, call his office at (248) 283-7000 to set up your first consultation free of charge. Dallo Law, P.C. is located in Bloomfiled Hills, but we accept clients throughout the greater Oakland County and Macomb County area.
- Disturbing the Peace in Michigan
- Hunting Drunk in Michigan
- Disrupting a Funeral in Michigan
- Punishment for Disorderly Persons Crimes
- Additional Resources
Disturbing the Peace in Michigan
In Michigan, if you act a certain way in public that disgusts, angers, upsets, and generally disturbs the peace, you could be charged with a disorderly person’s offense. The crime is often referred to as disorderly conduct and is located under section 750.167 of the Penal Code. The definition of acting disorderly or being a disorderly person under the Michigan Penal Code is defined as any person who does one of the following:
- Being able-bodied and failing to support the family (by not paying child support)
- “Loitering” in places of prostitution or acting as a prostitute
- Peeping in windows, also known as being a “peeping tom”
- Engaging in and/or with an illegal business or profession (for example illegal gambling)
- Loitering where illegal business is being conducted
- Being grossly inebriated in public and disturbing other’s peace or endangering property
- Being indecent or obscene in public such as stripping nude
- Acting as a vagrant
- Begging in a public place
- Loitering near a jail, police station, hospital, courthouse,
- Unnecessarily crowding or jostling other people in a public area
It’s important to note breast feeding is not considered to be a disorderly person’s crime. That is regardless of whether the areola or nipple is visible or accidentally seen during the act.
Hunting Drunk in Michigan
Under Michigan law, you’ll also be considered a disorderly person if you hunt intoxicated. The Michigan Penal Code Section 750.167a states:
Any person who shall be drunk or intoxicated while hunting with a firearm or other weapon under a valid hunting license shall be deemed to be a disorderly person. Upon conviction of such person, the weapon shall be confiscated and shall be delivered to the department of natural resources for disposition in the same manner as weapons confiscated for other violations of the game laws.
You will also not be allowed to possess a hunting license upon conviction for at least 3 years. Violation of the section described will result in a misdemeanor offense.
Picketing a Funeral or Memorial Service
The state of Michigan has granted protections to those grieving their family/friends at a funeral or memorial service. If a person does any of the following within 500 feet of a building where a funeral, memorial service, funeral procession, burial, or viewing of the deceased is being conducted, they will be charged with a crime under MCL 750.167d.
- Make a statement, gesture, or engage in conduct that would cause a reasonable person who is attending the event to feel harassed, intimidated or threatened
- Make a statement, gesture, or engage in conduct intended to incite or produce a breach of peace among the attendees of the event and causes said breach of peace
- Make a statement, gesture, or engage in any conduct to disrupt the event
What is the Penalty for Disorderly Conduct in Michigan?
Engaging in disorderly persons behaviors could result in criminal penalties in the state of Michigan. Disorderly conduct without any aggravating factors is a misdemeanor offense punishable by:
- Up to 90 days in jail
- A fine of up to $500
If you disturb the peace at a funeral, memorial, funeral procession, burial, or viewing of a deceased person, then you’ll be charged with a felony punishable by:
- Up to 2 years in prison
- A fine of up to $5,000
If you have a previous conviction for a crime under MCL 750.167d, then your sentencing will be enhanced to the following:
- Up to 4 years in prison
- A fine of up to $10,000
Michigan Statute for Disorderly Persons Crimes – Visit the official website for the Michigan Penal Code Act 328 of 1931 to learn more about disorderly conduct. Access the site to read about the various types of disorderly offenses, their penalties, and penalty enhancements.
Steps in a Criminal Case – Visit the official website for the Prosecuting Attorneys Association of Michigan (PAAM) to learn more about the steps to the criminal case in Michigan. Access the site to learn how police issue a warrant, arrest procedures, the phases of a trial, and other important information.
Disorderly Conduct Lawyer, Oakland County | Michigan
If you or someone you know has been arrested for a type of disorderly conduct, call Dallo Law, P.C.. J. Dallo of Dallo Law, P.C. has helped numerous people fight their disorderly persons charge with success. He can do the same for you and develop a defense plan tailor made for your circumstances.
Call Dallo Law, P.C. today to set up your first consultation in Oakland County and Macomb County, Michigan.