Cambridge Massachusetts Man Charged With Disorderly Person
According to The Boston Globe, Harvard Professor Henry Louis Gates Jr. was arrested and charged with being a disorderly person after he was seen forcing open a jammed door to his home. The police responded to a report that an individual was breaking into Gates' home. Gates maintains that the Cambridge Massachusetts police arrested him after he identified himself and established that he lived in the home. A person is “disorderly” under Massachusetts statute if a person engages in fighting, threatening, violent or tumultuous behavior which creates a hazardous or physically offensive condition by any act which serves no legitimate purpose of the actor. See, M.G.L. 272 § 53. The actions of the defendant must be something other than speech. Furthermore, the “public” element is satisfied if the act affects or is likely to affect persons in a place to which the public or a substantial group has access.
Although all of the facts relating to the Gates case are not known, the fact that the defendant was arrested at his home may have been a factor in the decision to dismiss the charges against the defendant. The fact that Gates was in his home seems to support the position that his conduct was not likely to affect persons in a place where the public had a right to access.
If you are charged with the crime of disorderly person in Massachusetts it is imperative that you have an experienced Massachusetts defense attorney on your side. Depending on the facts of the case, a motion to dismiss may be appropriate in the event that the Commonwealth did not have probable cause to arrest because the alleged conduct was not likely to affect the public.
If convicted of disorderly person a defendant faces the possibility of serving six months in jail or being assessed a fine of two hundred dollars or both. Although the crime of disorderly person is a misdemeanor, a conviction of any kind may have collateral consequences in your private and/or work life. Having an experienced criminal trial attorney on your side can make a big difference.
Attorney Kathleen M. McCarthy has specialized in criminal law for over twenty years. If you have been charged with a crime and you want to ensure that all of your rights are protected contact Attorney McCarthy at 978-975-8060 or online as soon as possible.
