Disorderly Conduct Defense

Disorderly conduct is one of Michigan’s broadest and most frequently charged misdemeanors. It covers a wide range of conduct, from being drunk in public to disturbing a lawful assembly to using threatening language, and police have significant discretion in applying it. While it may seem like a minor charge, a disorderly conduct conviction can show up on background checks, affect student financial aid, and create complications for professional licensing. It deserves a real defense.

Michigan Disorderly Conduct Charges We Handle

• Drunk and Disorderly: public intoxication that creates a disturbance; MCL 750.167
• Disorderly Person, General: engaging in indecent, insulting, or disturbing conduct in a public place
• Disturbing the Peace: noise, fighting, or conduct that disrupts public order
• Loitering / Vagrancy: remaining in a place without lawful purpose after being asked to leave
• Indecent Exposure: MCL 750.335a; exposing oneself in a public place
• Using Threatening or Abusive Language: “fighting words” directed at another person in a public place
• Trespassing: remaining on another’s property after being told to leave; MCL 750.552
• Minor in Possession of Alcohol (MIP): MCL 436.1703; possession or consumption by a person under 21

How Michigan Disorderly Conduct Law Works

Michigan’s disorderly person statute (MCL 750.167) is deliberately broad, giving law enforcement wide latitude to make arrests when someone’s conduct is disruptive, offensive, or threatening in a public setting. Most disorderly conduct charges are 90-day misdemeanors, though repeat offenses or conduct involving specific aggravating factors can result in higher-level charges.

Because the statute is so broadly written, it is also frequently misapplied. Not every loud, offensive, or annoying behavior meets the legal threshold for a criminal charge. The First Amendment protects a significant amount of speech and expression that might seem disorderly from a casual standpoint. Whether your conduct actually satisfied each element of the specific charge filed against you is always the first question to ask.

Defense Strategies

Insufficient evidence of the specific charge: Disorderly conduct charges often rest on the subjective judgment of a single officer. Witness statements, surveillance footage, and body camera recordings frequently tell a different story than the police report.

First Amendment protection: Offensive or provocative speech, political protests, and even profanity directed at officers can be constitutionally protected. Charges arising from speech require close First Amendment analysis.

Lack of intent or public nature: Some disorderly conduct charges require that the conduct occurred in a public place or was directed at the public. Private conduct or disputes in private settings may not meet the statute’s requirements.

Diversion and dismissal: For first-time offenders, particularly younger clients, diversion programs and deferred sentencing options are often available in Washtenaw County. Successfully completing a diversion program can result in the charge being dismissed entirely.

How Chris Approaches These Cases

Chris handles disorderly conduct cases with the same seriousness as any charge, because for many clients, students, young professionals, people applying for jobs or housing, even a minor conviction has real-world consequences. He examines the specific conduct alleged, the officer’s basis for the arrest, and whether any constitutional rights were implicated. Where diversion is available, he helps clients complete that process successfully. Where the charge should be contested, he contests it.