--- title: "Disorderly Conduct Lawyer" url: https://www.chadbanklaw.com/disorderly-conduct/ date: 2014-10-31 modified: 2026-06-05 author: "The Law Office of Chad F Bank" image: https://www.chadbanklaw.com/wp-content/uploads/2017/11/False-Rape-Convictions-e1539129216733-scaled.jpg type: page lang: en --- # Disorderly Conduct Lawyer ## Rhode Island Disorderly Conduct Defense Attorney Chad F Bank Did you know that you can be charged with **disorderly conduct** for a wide variety of reasons. Disorderly conduct is often used as a catch all for police to file charges. You do not need to be presenting any serious danger to yourself or anyone else to end up with one of these nebulous charges. Call The Law Office of Chad F Bank at 401-573-2265 today if you are facing a disorderly charge.!(https://www.chadbanklaw.com/wp-content/uploads/2017/11/False-Rape-Convictions-e1539129216733-300x200.jpg) Police often use disorderly conduct charges as a way to keep the peace when people are being disruptive or making too much noise in public. Usually this charge is considered a misdemeanor or an infraction. However the charge can be considered a felony in some states if the disruptive behavior occurs near an airport or a funeral. ## What is Disorderly Conduct A typical definition of disorderly conduct defines the offense in these ways A person who recklessly knowingly or intentionally - engages in fighting or in tumultuous conduct - makes unreasonable noise and continues to do so after being asked to stop - disrupts a lawful assembly of persons commits disorderly conduct (https://en.wikipedia.org/wiki/Disorderly_conduct) In the instance where you may have been arrested for fighting or being drunk in public, there are many defenses that Attorney Bank can discuss with you. It is important to have a consultation soon after the arrest so your recollection of the facts is as clear as possible. Arrests for drunk and disorderly are more common than you may think, and Chad F Bank has many years of experience successfully defending clients with this charge. ### Disorderly Conduct Defense You will not be disappointed with the representation of (https://www.chadbanklaw.com/chad-bank-dui-attorney/). He is well established in the Rhode Island legal community and has been practicing law in the area for over a decade. Contact Attorney Bank to schedule your free consultation today at 401-573-2265. ## Frequently Asked Questions What is disorderly conduct in Rhode Island?(https://www.chadbanklaw.com/author/chadbankadmin/)2026-05-24T00:17:24-04:00 #### [ **** What is disorderly conduct in Rhode Island? ](#collapse-1-8241) Disorderly conduct in Rhode Island is a catch-all misdemeanor under R.I. Gen. Laws § 11-45-1 covering a range of behaviors that disturb public peace including fighting, threatening, violent or tumultuous behavior, public intoxication causing disturbance, and disturbing assemblies or meetings. Penalties include up to 6 months jail and fines up to $500. The charge is frequently filed after bar fights, public disturbances, and protest situations. Defense angles include First Amendment protected speech, lack of public disturbance, and contesting the specific conduct alleged. Disorderly conduct is also commonly used as a reduction charge in plea negotiations from more serious offenses. What are the penalties for disorderly conduct in Rhode Island?(https://www.chadbanklaw.com/author/chadbankadmin/)2026-05-24T00:17:29-04:00 #### [ **** What are the penalties for disorderly conduct in Rhode Island? ](#collapse-1-8242) Disorderly conduct penalties in Rhode Island include up to 6 months jail and fines up to $500 for first offense. Subsequent offenses can carry longer sentences and higher fines. Most first-offense disorderly conduct cases resolve with fines, community service, and probation rather than jail. The conviction creates a permanent criminal record visible on background checks. Aggravating factors (injury to others, property damage, weapon involvement, or charges stacked with other offenses) can push penalties higher. Defense work often focuses on identifying weaknesses in the prosecution's case or negotiating reduction to a civil disturbance penalty without criminal record consequences. Can disorderly conduct be defended in Rhode Island?(https://www.chadbanklaw.com/author/chadbankadmin/)2026-05-24T00:17:35-04:00 #### [ **** Can disorderly conduct be defended in Rhode Island? ](#collapse-1-8243) Yes. Rhode Island disorderly conduct cases can be defended through several angles. First Amendment protection applies to speech-based disorderly conduct allegations — the conduct must rise above protected speech to be criminal. Defense angles include lack of actual public disturbance (private conduct or conduct that did not affect bystanders), self-defense in fight-based cases, contesting the specific conduct alleged, suppression motions if evidence was obtained unlawfully, and challenging witness credibility. Many disorderly conduct cases resolve through diversion or reduction to civil infractions when the defendant has no prior record. Body camera footage often determines outcomes in these cases. Is disorderly conduct the same as public intoxication in Rhode Island?(https://www.chadbanklaw.com/author/chadbankadmin/)2026-05-24T00:17:40-04:00 #### [ **** Is disorderly conduct the same as public intoxication in Rhode Island? ](#collapse-1-8244) Related but not identical. Rhode Island does not have a standalone public intoxication statute, but public intoxication that causes disturbance can support a disorderly conduct charge. Simply being drunk in public without causing disturbance is not generally criminal in Rhode Island. The charge requires the intoxication to result in behavior that affects others — loud arguments, fighting, blocking public access, or threatening conduct. Defense work in alcohol-related disorderly conduct cases often focuses on whether the defendant's conduct actually disturbed anyone or whether police escalated the situation through their response. Can disorderly conduct be reduced to a civil infraction in Rhode Island?(https://www.chadbanklaw.com/author/chadbankadmin/)2026-05-24T00:17:45-04:00 #### [ **** Can disorderly conduct be reduced to a civil infraction in Rhode Island? ](#collapse-1-8245) Sometimes. Rhode Island prosecutors will occasionally agree to reduce disorderly conduct charges to civil infractions or non-criminal violations, particularly for first offenders with no prior record and when the underlying conduct was minor. Common reductions include disorderly conduct to a non-criminal municipal violation or to dismissal with completion of community service. The reduction eliminates the permanent criminal record consequence, which matters significantly for employment background checks. Defense work focused on identifying case weaknesses and presenting mitigating circumstances improves the chances of getting the reduction. Call Attorney Chad F Bank at 401-573-2265. Will disorderly conduct appear on my background check in Rhode Island?(https://www.chadbanklaw.com/author/chadbankadmin/)2026-05-24T00:17:51-04:00 #### [ **** Will disorderly conduct appear on my background check in Rhode Island? ](#collapse-1-8246) Yes. A Rhode Island disorderly conduct conviction creates a permanent criminal record visible on standard employment, housing, and licensing background checks. The conviction stays visible permanently unless successfully expunged after a 5-year waiting period from completion of sentence. Some background check companies report misdemeanors for 7 years under federal Fair Credit Reporting Act rules. Dismissed cases or non-conviction outcomes (diversion, deferred sentencing) may be eligible for automatic expungement under the Rhode Island Second Chance Law without you needing to file a petition. Aggressive defense focused on dismissal or non-conviction outcomes protects employment future significantly. Can disorderly conduct charges be expunged in Rhode Island?(https://www.chadbanklaw.com/author/chadbankadmin/)2026-05-24T00:17:55-04:00 #### [ **** Can disorderly conduct charges be expunged in Rhode Island? ](#collapse-1-8247) Yes. Disorderly conduct convictions in Rhode Island can be expunged after a 5-year waiting period from completion of sentence, provided you have no subsequent convictions during the waiting period. Disorderly conduct is a misdemeanor and follows the standard misdemeanor expungement timeline. Dismissed disorderly conduct cases or non-conviction outcomes may be eligible for automatic expungement under the Second Chance Law without filing a petition. Successful expungement removes the conviction from standard background checks. The petition process requires a court filing and may require a hearing where the Attorney General can object. Do I need a lawyer for a disorderly conduct charge in Rhode Island?(https://www.chadbanklaw.com/author/chadbankadmin/)2026-05-24T00:18:01-04:00 #### [ **** Do I need a lawyer for a disorderly conduct charge in Rhode Island? ](#collapse-1-8248) Yes. Even though disorderly conduct is a misdemeanor, the conviction creates a permanent criminal record that affects employment background checks for years. A defense lawyer can negotiate reduction to civil infractions or diversion programs that avoid conviction entirely, challenge the prosecution evidence (often weak in these cases), and resolve the case faster with less exposure. The cost of legal counsel is typically modest for misdemeanors and almost always less than the long-term cost of an avoidable conviction on your record. For cases involving alcohol, bar fights, or police escalation, body camera evidence analysis by experienced counsel often produces favorable results. Call Attorney Chad F Bank at 401-573-2265. ## Disorderly Conduct Defense Office Location ### RI Disorderly Conduct Lawyer The Law Office of Chad F Bank $ https://www.chadbanklaw.com/wp-content/uploads/2019/05/cropped-the-law-office-of-chad-f-bank-logo-square.jpg 127 Dorrance St Providence , RI 02903 Phone: 401-573-2265