A Minnesota Disorderly Conduct Lawyer Explains Your Charges and How to Fight Them Under Minn. Stat. § 609.72
It happened fast. One moment, you were having a heated argument, blowing off steam, or just being loud at a party. The next, you were being put in handcuffs, cited for “Disorderly Conduct.” You likely didn’t plan to end up here, and now you’re facing a criminal charge for what feels like a misunderstanding or a situation blown completely out of proportion. This is an incredibly common scenario. Disorderly conduct is one of the most frequently charged crimes in Minnesota precisely because the definition is so broad. Police often use it as a catch-all offense to make an arrest when no other specific crime fits, or worse, as a “contempt of cop” charge when someone asserts their rights or questions an officer’s commands.
You need to take this seriously, but you don’t have to panic. While a prosecutor in Minneapolis or St. Paul might try to convince you this is “just a misdemeanor” and that you should plead guilty and pay a fine, doing so is a mistake. A conviction creates a permanent criminal record that can impact your job, your housing, and your reputation for years to come. The good news is that these charges are very beatable. As a criminal defense attorney who has defended clients against disorderly conduct allegations across Minnesota—from Rochester and Duluth to suburban communities like Eagan, Plymouth, and Maple Grove—I know how to dismantle these flimsy cases. You don’t have to face this alone. An unfair charge does not have to define your future.
The Government’s Catch-All Charge: What Is Disorderly Conduct?
In Minnesota, disorderly conduct is not about being rude or impolite. It is a specific criminal offense defined by statute, but its vague language gives law enforcement and prosecutors immense discretion. At its core, a Minnesota disorderly conduct charge alleges that you engaged in specific types of behavior while knowing, or having a good reason to know, that your actions would tend to “alarm, anger or disturb others” or provoke a fight. The law covers everything from actual brawling to simply using language that someone else finds offensive.
This charge can arise from almost any situation involving conflict or loud noise: a bar fight in St. Cloud, a heated argument with a neighbor in Brooklyn Park, or even a political protest in St. Paul. Because the standard is so subjective, you can be charged based entirely on someone else’s reaction or a police officer’s interpretation of your behavior. Understanding what the state must actually prove to convict you is the first step in fighting back against a “what is disorderly conduct in Minnesota” accusation and protecting your name.
Minnesota’s Disorderly Conduct Law: Straight from the Statute
The legal foundation for your charge is found in Minnesota Statutes § 609.72. Reading the exact language the prosecutor will use against you is critical. It reveals the specific elements the state must prove beyond a reasonable doubt and highlights potential weaknesses in their case. Notice the different types of conduct it prohibits and the crucial mental state required.
Here is the precise legal text:
609.72 DISORDERLY CONDUCT.
Subdivision 1. Crime. Whoever does any of the following in a public or private place, including on a school bus, knowing, or having reasonable grounds to know that it will, or will tend to, alarm, anger or disturb others or provoke an assault or breach of the peace, is guilty of disorderly conduct, which is a misdemeanor:
(1) engages in brawling or fighting; or
(2) disturbs an assembly or meeting, not unlawful in its character; or
(3) engages in offensive, obscene, abusive, boisterous, or noisy conduct or in offensive, obscene, or abusive language tending reasonably to arouse alarm, anger, or resentment in others.
A person does not violate this section if the person’s disorderly conduct was caused by an epileptic seizure.
[See Note.]
Subd. 3. Caregiver; penalty for disorderly conduct. A caregiver, as defined in section 609.232, who violates the provisions of subdivision 1 against a vulnerable adult, as defined in section 609.232, may be sentenced to imprisonment for not more than 364 days or to payment of a fine of not more than $3,000, or both.
NOTE: In State v. Hensel, 901 N.W.2d 166 (Minn 2017), subdivision 1, clause (2), was held unconstitutional under the First Amendment to the United States Constitution because it is substantially overbroad.
Breaking Down What the Prosecutor Must Prove
To secure a conviction for disorderly conduct, the prosecutor can’t just tell a jury you were being a jerk. They have a legal checklist, known as the “elements of the crime,” and they must present hard evidence to prove each and every element beyond a reasonable doubt. If they fail to prove even one of these components, their case falls apart. My job is to identify the element where their case is weakest and attack it relentlessly, creating the reasonable doubt you need to win.
- The Prohibited Act: The state must first prove you engaged in one of the specific acts listed in the statute. This could be (1) brawling or fighting, which is a physical altercation. Or it could be (3) offensive, obscene, abusive, boisterous, or noisy conduct or language. This is the most common and most subjective part of the law. Critically, the second clause regarding (2) disturbing a meeting, has been found unconstitutional by the Minnesota Supreme Court and is no longer legally enforceable—a fact some police and prosecutors may conveniently overlook.
- Your State of Mind (Mens Rea): This is the most important element and the hardest for the prosecution to prove. They must show that you acted while knowing, or having reasonable grounds to know, that your conduct would likely alarm, anger, or disturb other people. It’s not about whether someone was actually offended. The legal question is whether a reasonable person in your shoes would have anticipated that reaction. If your actions were unintentional or if the other person’s reaction was completely unforeseeable and unreasonable, the state cannot prove its case.
- The Resulting Disturbance: Finally, your conduct must actually tend to arouse alarm, anger, or resentment in others or provoke an assault or breach of the peace. This is the effect of your alleged actions. However, the law protects more than just hypersensitive individuals. The reaction must be a reasonable one. We can often argue that the alleged “victim’s” response was exaggerated and not what a typical person would experience, meaning this element of the crime has not been met.
The Price of a Conviction: Minnesota’s Penalties for Disorderly Conduct
It is a grave mistake to think of a disorderly conduct charge as nothing more than a glorified traffic ticket. While it is typically a misdemeanor, a conviction carries consequences that go far beyond a simple fine. You are facing potential jail time, probation, and the creation of a permanent criminal record that can be seen by employers, landlords, and anyone else who runs a background check. Understanding the full scope of Minnesota sentencing for disorderly conduct is essential.
Standard Disorderly Conduct: A Misdemeanor
For most disorderly conduct offenses under subdivision 1, the crime is classified as a misdemeanor. If you are convicted, the maximum penalties you face are:
- Up to 90 days in jail;
- A fine of up to $1,000; or
- Both jail time and a fine.
In addition to these penalties, a judge can place you on probation for up to one year. Probation would come with a set of conditions you must follow, such as remaining law-abiding, having no same or similar offenses, and potentially completing anger management or an educational class.
When It’s a Gross Misdemeanor: The Caregiver Enhancement
The law takes a much more serious view when the offense is committed by a caregiver against a vulnerable adult. Under subdivision 3 of the statute, if you are a caregiver and you commit disorderly conduct against a person under your care, the charge is elevated to a gross misdemeanor. The penalties for a gross misdemeanor are significantly harsher:
- Up to 364 days in jail;
- A fine of up to $3,000; or
- Both.
This enhancement reflects the state’s interest in protecting its most vulnerable citizens and dramatically raises the stakes of the accusation.
Real-Life Scenarios: How Disorderly Conduct Charges Happen in Minnesota
Disorderly conduct charges can spring from countless everyday situations where emotions run high or judgment is impaired. The facts are often messy, and there are always two sides to the story. The police, however, usually only write down one version in their report. You might see your own experience reflected in these common scenarios where people are unfairly charged.
The Bar Argument in Downtown Minneapolis
You and a friend were at a crowded bar in the North Loop after a Twins game. You got into a loud verbal argument with another patron over a spilled drink. Voices were raised, and some profanity was used. No punches were thrown, and you never touched the other person. Bouncers intervened and called the Minneapolis police, who decided to charge both of you with disorderly conduct for “brawling,” even though it was just a shouting match.
The Neighborhood Dispute in Rochester
For months, you’ve had issues with a neighbor in Rochester over their dog barking at all hours. One evening, you confronted them on their lawn. The conversation became heated, and you used strong language to express your frustration. The neighbor called the police and claimed they felt “alarmed and threatened” by your “abusive language.” The responding officer cited you for disorderly conduct without hearing your side of the story.
The Protest in St. Paul
You were participating in a lawful protest near the State Capitol in St. Paul. You were using a megaphone to lead chants, and your language was critical of government officials. An officer told you to stop, claiming you were disturbing the peace. When you asserted your First Amendment rights, the officer arrested you for “boisterous and noisy conduct” designed to anger the public.
The Party in a Bloomington Suburb
You hosted a backyard party at your home in Bloomington that went later than planned. A neighbor called the police to complain about the noise. When officers arrived, you were frustrated and argued with them about their right to be on your property. You were not physically aggressive, but the officer perceived your tone as “abusive” and charged you with disorderly conduct as a way to assert their authority.
You Have Rights: Building a Defense Against Your Disorderly Conduct Charge
When you’re facing a disorderly conduct charge, it’s easy to feel powerless. The police and prosecutor hold a lot of power, and they will try to convince you that fighting is pointless. This is not true. These cases are built on subjective interpretations and flimsy evidence, which means they are highly defensible. An effective defense strategy involves a proactive and aggressive approach, challenging the state’s case at every turn.
My job is to expose the weaknesses in the prosecution’s argument and present a compelling counter-narrative that establishes your innocence or shows that the state simply cannot meet its high burden of proof. From questioning the officer’s credibility to asserting your constitutional rights, we have many powerful tools at our disposal. Never assume that a charge will lead to a conviction. With the right strategy, we can work towards a dismissal, an acquittal, or a resolution that keeps this off your record entirely.
It’s Your First Amendment Right: Free Speech
The government cannot punish you for speech just because it is offensive, crude, or unpopular. The First Amendment provides broad protection for speech.
- Not “Fighting Words”: For the state to punish you for your words, they must prove they were “fighting words”—speech that is directed at a specific person and is so inflammatory that it is likely to provoke an immediate violent reaction. Mere profanity, political statements, or insults do not meet this high standard.
- Unconstitutional Application: I will argue that the police and prosecutor are applying the disorderly conduct statute in a way that unconstitutionally infringes on your right to free expression. We will hold them to the strict limitations set by both the U.S. and Minnesota Supreme Courts.
You Didn’t Know (And Couldn’t Have Known): Attacking the “Knowledge” Element
The prosecutor must prove you knew or should have known your conduct would disturb others. This is your “state of mind,” and it is often impossible for them to prove.
- Unreasonable Victim: We can argue that the alleged victim was hypersensitive and that a reasonable person would not have been alarmed, angered, or disturbed by your actions. The law doesn’t protect the “eggshell plaintiff” who is offended by everything.
- Lack of Context: Police reports often leave out crucial context. Perhaps the other person was the aggressor, or your “noisy” conduct was perfectly appropriate for the environment (like a concert or a sports bar). We will present the full story to show you had no criminal intent.
Self-Defense or Defense of Others
If your charge stems from a “brawling or fighting” allegation, you have an absolute right to defend yourself and others from harm.
- You Were Not the Aggressor: Self-defense is a powerful affirmative defense. I will gather evidence—such as witness testimony or video footage—to prove that the other party started the physical confrontation and you only used the force necessary to protect yourself.
- Protecting Someone Else: This same principle applies if you stepped in to protect a friend, family member, or even a stranger from an unlawful attack. The law allows you to stand in their shoes and use reasonable force on their behalf.
The Police Overreacted: Challenging Officer Testimony
Disorderly conduct is notoriously used as a “contempt of cop” charge when an officer feels their authority has been challenged. They may exaggerate or even fabricate events to justify an arrest.
- Credibility Under Scrutiny: I will put the officer’s version of events under a microscope. By cross-examining the officer at a hearing or trial, I can expose inconsistencies, biases, and motivations that undermine their credibility with a judge or jury.
- Body Camera Evidence: In the modern era, body camera footage is one of the most powerful tools for the defense. This footage often contradicts the narrative written in the police report and can be the key to getting your case dismissed.
Minnesota Disorderly Conduct FAQs: Your Questions Answered
Will I go to jail for disorderly conduct in Minnesota?
While a misdemeanor disorderly conduct conviction carries a maximum penalty of 90 days in jail, it is rare for a first-time offender to receive jail time. However, the risk is always there, especially if the facts are serious or you have a prior record. The best way to avoid jail is to fight the charge with an experienced attorney.
Can a disorderly conduct charge be dismissed?
Yes, absolutely. These are among the most dismissible charges in the criminal justice system. A skilled attorney can often negotiate a dismissal with the prosecutor, sometimes in exchange for completing a class, or win a dismissal from a judge by showing that the state’s case is legally or factually deficient.
Do I need a lawyer for a misdemeanor charge in a city like Eagan or Plymouth?
Yes. It is a major mistake to treat any criminal charge, even a misdemeanor, as a DIY project. A conviction will follow you forever. An attorney can protect your rights, navigate the local court system, and work to achieve an outcome—like a continuance for dismissal—that keeps your public record clean.
How long does a disorderly conduct charge stay on my record in Minnesota?
A conviction for disorderly conduct will stay on your public criminal record permanently unless you successfully petition the court for an expungement. An expungement seals the record from public view, but you must wait at least two years after completing your sentence to even be eligible to apply.
What is a “continuance for dismissal”?
This is an excellent outcome that a lawyer can often negotiate. You agree to remain law-abiding for a set period (usually 6-12 months) and comply with certain conditions. If you do so successfully, the charge is dismissed at the end of the period, and no conviction ever enters your record.
Can I get disorderly conduct for cussing in public?
It is highly unlikely that you could be constitutionally convicted for simply using profanity in public. Your speech must rise to the level of “fighting words”—face-to-face insults that are likely to cause an immediate fight. Merely offending someone is protected by the First Amendment.
What is the difference between disorderly conduct and public nuisance?
They are similar, but public nuisance (Minn. Stat. § 609.74) generally involves conduct that annoys, injures, or endangers the safety or health of a considerable number of people. Disorderly conduct can be directed at just one person. Both are typically misdemeanors.
What if I was drunk? Is that a defense?
Voluntary intoxication is generally not a defense to a crime in Minnesota. The law expects you to be responsible for your actions even if your judgment was impaired by alcohol. However, the specific facts surrounding your intoxication can sometimes be used to argue you lacked the required intent.
The police didn’t read me my Miranda rights. Will my case be thrown out?
Not necessarily. The police are only required to read you your Miranda rights if you are (1) in custody and (2) they are interrogating you. If they did not question you, the Miranda rule doesn’t apply. If they did question you in custody without a warning, any statements you made can be suppressed, which can severely weaken their case.
What if the other person started the fight?
If the other person was the aggressor and you only used reasonable force to defend yourself, you have a valid claim of self-defense. This is a complete defense to a charge of disorderly conduct involving brawling or fighting.
Does the unconstitutional part of the law help my case?
It might. The fact that a portion of the statute was struck down shows that the law can be successfully challenged. If your conduct even remotely relates to disturbing a meeting or assembly, we can argue that your charge is based on an unconstitutional premise.
Will a disorderly conduct charge show up on a background check?
Yes. From the moment you are charged, the case is a public record. An arrest and a charge will appear on a comprehensive background check. A conviction is even worse. This is why fighting for a dismissal or an outcome that avoids conviction is so critical.
What if I’m a caregiver charged with the gross misdemeanor offense?
You need to hire an attorney immediately. The stakes are much higher, with up to a year in jail and a $3,000 fine. Furthermore, a conviction would likely end your career as a caregiver and place you on a registry of disqualified individuals.
Can this affect my right to own a gun?
Generally, a standard misdemeanor disorderly conduct conviction does not result in the loss of firearm rights. However, if the offense is determined by a court to be a crime of “domestic violence” (e.g., committed against a family or household member), you could lose your firearm rights under federal law.
I’m not a citizen. Will this affect my immigration status?
It could. While a single, minor misdemeanor is not always a deportable offense, it can create complications for naturalization, visa renewals, or adjustments of status. Any criminal conviction can be viewed negatively by immigration authorities. It is crucial to fight the charge to avoid this risk.
More Than Just a Fine: The Hidden Costs of a Conviction
The judge’s sentence is only the beginning. A disorderly conduct conviction, even as a misdemeanor, carries a host of “collateral consequences”—hidden penalties that can impact your life for years. Pleading guilty to “get it over with” is a short-term solution with long-term costs. You are not just paying a fine; you are placing a permanent stain on your record that can limit your future opportunities in ways you cannot yet imagine.
Your Permanent Criminal Record
In the digital age, your criminal record is easily accessible. A conviction for disorderly conduct becomes a public document that can be viewed by anyone who runs a background check. This includes potential employers, landlords, and volunteer organizations. It creates an official record of you as a “criminal,” a label that is hard to shake and can create prejudice against you before you ever get a chance to explain yourself.
Impact on Your Job and Career
Many employers have policies against hiring individuals with criminal records, especially for offenses that suggest a problem with anger or public behavior. A disorderly conduct conviction could disqualify you from jobs in education, healthcare, finance, or government. If you require a professional license (like for nursing, teaching, or real estate), a conviction could trigger a review by your licensing board and potentially lead to suspension or revocation.
Loss of Housing and Educational Opportunities
Landlords routinely run background checks on prospective tenants. A disorderly conduct conviction can be used as a reason to deny your rental application, making it harder to find safe and affordable housing. Similarly, some colleges and universities require applicants to disclose criminal convictions, and a recent offense could negatively impact your admission or scholarship opportunities.
Potential Immigration Consequences
For non-U.S. citizens, any criminal conviction is a red flag for immigration authorities. While a single misdemeanor might not automatically trigger deportation, it can be considered a negative factor in decisions about your green card, visa, or application for citizenship. If the offense is deemed a “crime involving moral turpitude,” the consequences can be severe. Protecting your criminal record is essential to protecting your future in the United States.
Why an Aggressive Defense Is Your Best Offense
When you’re facing a criminal charge, the system is designed to push you toward a quick guilty plea. The prosecutor is not your friend, and the police have already made up their mind. You need a fighter in your corner, an advocate whose only job is to protect your rights, your reputation, and your future. Hiring a private criminal defense attorney is the most important step you can take to fight back.
This Is Not “Just a Misdemeanor”
Do not fall into the trap of thinking a misdemeanor is no big deal. The long-term consequences of having a criminal record far outweigh the short-term inconvenience of fighting the charge. Pleading guilty is a permanent solution to a temporary problem. I will help you see the bigger picture and understand why investing in your defense now is critical to protecting your opportunities for years to come. Your clean record is an invaluable asset, and we must do everything we can to preserve it.
Keeping Your Record Clean Is the Primary Goal
For most of my clients facing a disorderly conduct charge, the number one goal is avoiding a criminal conviction. I am highly experienced in negotiating outcomes that achieve this. Through a continuance for dismissal, a diversion program, or by convincing the prosecutor their case is too weak to win, we can often resolve the matter without a conviction ever touching your record. This proactive approach is something an overworked public defender may not have the time or resources to pursue effectively.
Navigating the Courts in Hennepin, Ramsey, and Across Minnesota
Every county courthouse operates differently. The unwritten rules, the personalities of the prosecutors, and the tendencies of the judges in Minneapolis are different from those in St. Paul, Duluth, or greater Minnesota. I have defended clients in courtrooms all over the state. This statewide experience allows me to craft a strategy that is not just legally sound, but also tailored to the specific environment where your case is being heard. This local knowledge is an undeniable advantage.
Fighting a Subjective and Often Abused Charge
Disorderly conduct is one of the most abused statutes in the criminal code. It is subjective, vague, and often used by police to punish people they simply don’t like. You have a right to stand up to that. I will not let a police officer’s bad mood or a prosecutor’s weak case dictate your future. We will challenge the evidence, question the officer’s credibility, and assert your constitutional rights. By putting up an aggressive fight, we force the state to prove its case or back down.