Charged with Disorderly Conduct, Disturbing the Peace, or Trespass in Massachusetts?

We Can Help.

In Massachusetts, minor offenses like disorderly conduct, disturbing the peace, and trespassing can carry major consequences — especially if they appear on your permanent record. What starts as a misunderstanding, a moment of frustration, or a police overreaction can quickly become a criminal charge.

At DeGiacomo & Mikhlin, P.C., we represent clients throughout Massachusetts who have been charged with public order offenses. Whether you were arrested at a protest, during a college party, after a bar incident, or in a dispute with a neighbor or business, we know how to protect your rights, your record, and your reputation.

What Are These Charges?

While each charge is different, they are often grouped together and stem from similar situations:

Disorderly Conduct (M.G.L. c. 272, § 53)

This charge involves offensive, threatening, or disruptive behavior in public. Police have broad discretion and may charge disorderly conduct if someone:

• Yells or curses in public
• Is involved in a fight or heated argument
• Is intoxicated and uncooperative
• Attracts attention or disrupts traffic or bystanders

Disturbing the Peace (M.G.L. c. 272, § 53)

This overlaps with disorderly conduct and includes any behavior that annoys, alarms, or disturbs others in public, such as:

• Playing loud music or shouting at night
• Getting into a public argument
• Causing a commotion in a residential or commercial area

Trespass (M.G.L. c. 266, § 120)

Trespassing involves entering or remaining on someone else’s property without permission. This often occurs in:

• Retail spaces or malls after being asked to leave
• College campuses or public buildings after hours
• Private property during disputes or protests

You don’t have to break anything, steal anything, or hurt anyone to be charged — and that’s what makes these cases so frustrating.

Are These Charges Serious?

While all three offenses are typically misdemeanors or civil infractions, they can still result in:

• Fines up to $200–$500
• Jail time up to 6 months in some cases
• Probation or community service
• A permanent criminal record
• Immigration or employment consequences

They’re also frequently used in combination with other charges, like resisting arrest, public intoxication, or assault.

We Know These Charges Are Often Overused — and Overcharged.

At DeGiacomo & Mikhlin, we regularly defend people who were:

• In the wrong place at the wrong time
• Reacting emotionally during a stressful situation
• Targeted for standing up to police or asking questions
• Unfairly treated based on race, age, or perceived attitude

We’ll look at the full context and push back when the charges don’t hold up.

Our Defense Strategy

We tailor every defense to your unique situation, but common approaches include:

• Arguing that your conduct did not meet the legal threshold for the charge
• Showing lack of intent or prior warning in trespass cases
• Challenging the credibility of witness or police reports
• Seeking pretrial diversion, dismissal, or a continuance without a finding (CWOF) to keep your record clean

We understand how prosecutors and judges across Massachusetts handle these cases — and we know how to position you for the best possible outcome.

Why Clients Across Massachusetts Choose Us

• Decades of combined experience defending public order and misdemeanor charges
• Deep familiarity with Massachusetts laws and court procedures
• Clear communication, fast response times, and honest guidance
• A focus on minimizing long-term damage to your life and future

We take these charges seriously — because we know they can affect housing, jobs, school admissions, and more.

Call a Massachusetts Criminal Defense Lawyer Today

Whether this is your first charge or part of a more complex situation, don’t wait to get legal help. These cases move quickly — and the sooner we act, the more options you’ll have.

Contact DeGiacomo & Mikhlin, P.C. today for a free, confidential consultation. Let’s protect your name, your record, and your next step forward.