Disorderly Conduct Charges in Maryland
If you have been charged with disorderly conduct in Maryland, you are dealing with a real criminal charge that can result in jail time and a permanent record. Disorderly conduct is one of the most commonly charged misdemeanors in the state, and it covers a surprisingly broad range of behavior. The good news is that these cases are very defensible, especially with an experienced criminal defense lawyer on your side.
The Statute: Criminal Law § 10-201
Maryland's disorderly conduct law is found at Criminal Law § 10-201. The statute actually covers six different types of prohibited conduct. Here is what the law says:
§ 10-201(c)(1): Obstructing passage. A person may not willfully and without lawful purpose obstruct or hinder the free passage of another in a public place or on a public conveyance.
§ 10-201(c)(2): Disorderly conduct. A person may not willfully act in a disorderly manner that disturbs the public peace. This is the subsection most people are charged under. It is the classic "disorderly conduct" charge.
§ 10-201(c)(3): Failure to obey a lawful order. A person may not willfully fail to obey a reasonable and lawful order that a law enforcement officer makes to prevent a disturbance to the public peace.
§ 10-201(c)(4): Disturbing the peace on private property. A person who enters the land or premises of another may not willfully disturb the peace by making an unreasonably loud noise or act in a disorderly manner.
§ 10-201(c)(5): Unreasonably loud noise. A person from any location may not, by making an unreasonably loud noise, willfully disturb the peace of another on their land, in a public place, or on a public conveyance.
§ 10-201(c)(6): Worcester County bonfire provision. In Worcester County only, a person may not build or allow a bonfire on a beach or other property between 1 a.m. and 5 a.m.
What the State Has to Prove
Every disorderly conduct charge under § 10-201 requires the State to prove that the defendant acted willfully. This is key. Accidental, involuntary, or unintentional conduct does not meet this standard.
For the most common charge under subsection (c)(2), the State must prove two things: (1) that the defendant willfully acted in a disorderly manner, and (2) that the conduct disturbed the public peace.
For a charge under subsection (c)(3), the State must prove: (1) that a law enforcement officer gave an order, (2) that the order was both reasonable and lawful, (3) that the order was made to prevent a disturbance to the public peace, and (4) that the defendant willfully failed to obey it.
The Court of Appeals in Galloway v. State upheld the disorderly conduct statute against a vagueness challenge, finding that a reasonable person standard applies when interpreting what conduct qualifies as "disorderly." The court found that the statute's requirement of specific intent (willfulness) and its inherent restrictions provide fair warning to potential offenders.
What Counts as a "Public Place"?
The statute defines "public place" very broadly. Under § 10-201(a)(3), a public place includes restaurants, shops, shopping centers, stores, taverns, public buildings, parking lots, streets, sidewalks, parks, common areas of apartment buildings (including lobbies, elevators, and stairwells), hotels, motels, amusement parks, sports arenas, swimming pools, theaters, schools, places of worship, airport terminals, bus stations, and the parking areas and grounds surrounding any of these locations.
Importantly, under § 10-201(b), a public conveyance or public place does not need to be devoted solely to public use. This means a place that serves both public and private functions can still qualify.
Penalties
A conviction for disorderly conduct under any subsection of § 10-201 is a misdemeanor punishable by up to 60 days in jail and/or a $500 fine.
While 60 days and $500 may not sound catastrophic, the real damage is often the criminal record. A disorderly conduct conviction shows up on background checks and can affect your employment, housing applications, professional licensing, and more.
Disorderly Intoxication: A Related Charge
If alcohol is involved, you may also face a separate charge under Alcoholic Beverages and Cannabis Code § 6-320, which covers "disorderly intoxication." Under that statute, a person may not:
- Be intoxicated and endanger the safety of another person or property; or
- Be intoxicated or consume an alcoholic beverage in a public place and cause a public disturbance.
Disorderly intoxication is a misdemeanor carrying up to 90 days in jail and/or a $100 fine. That is actually a longer potential jail sentence than standard disorderly conduct under § 10-201. Police sometimes charge both offenses from the same incident. For more on how these charges overlap, see our page on public intoxication in Maryland.
Common Scenarios That Lead to Charges
Disorderly conduct charges come up in all kinds of situations. Some of the most common we see at FrizWoods include:
- Arguments or confrontations outside bars, restaurants, or sporting events
- Loud disputes in apartment building common areas or parking lots
- Refusing to leave a business after being asked
- Yelling or causing a scene during a traffic stop or police encounter
- Confrontations at retail stores that escalate beyond a shoplifting accusation
- Behavior associated with DUI arrests, where officers add a disorderly conduct charge on top of the driving offense
In many of these situations, the person charged was not doing anything violent. The statute does not require violence. Simply being loud, disruptive, or uncooperative can be enough if the State can prove the conduct was willful and disturbed the public peace.
Defenses to Disorderly Conduct
These cases are often very defensible. Here are the most common defense strategies:
The conduct was not willful. Every subsection of § 10-201 requires willful conduct. If your behavior was accidental, reflexive, or the result of a medical condition, the State cannot meet its burden. This is especially relevant in cases involving intoxication, where a person may not have been acting with conscious intent.
The conduct did not disturb the public peace. Being loud or rude is not automatically disorderly. The State has to show that your conduct actually disturbed the public peace. Context matters: the time, location, volume, and whether anyone was actually disturbed are all relevant factors.
The police order was not reasonable or lawful. For charges under subsection (c)(3), the defense can challenge whether the officer's order was both reasonable and lawful. An officer cannot give an arbitrary or unconstitutional command and then charge you for failing to comply. For example, an order to stop filming police in a public place would likely not be considered lawful.
First Amendment protection. Speech, even heated or offensive speech, is generally protected by the First Amendment. The statute cannot be used to punish constitutionally protected expression. If you were expressing a political opinion, protesting, or simply saying something an officer did not like, that may not be enough to support a conviction.
The arrest lacked probable cause. As the Court of Special Appeals explained in Barnhard v. State, when an arrest for disorderly conduct is made without a warrant, the lawfulness of the arrest is an element the State must prove. The jury (or judge in a bench trial) must determine whether the officer had probable cause to believe disorderly conduct occurred. If the officer did not have a sufficient basis to arrest you, the charge may not hold up.
You were not in a public place. For charges under subsections (c)(1), (c)(2), (c)(3), and (c)(5), the conduct generally needs to occur in a public place or public conveyance. If you were in a private location that does not meet the statutory definition, that can be a complete defense.
Expungement and Shielding
Disorderly conduct under § 10-201(c)(2) is specifically listed as a "shieldable conviction" under Criminal Procedure § 10-301. This means that even if you are convicted, you may be able to have the record shielded from public view after a waiting period.
If you receive a probation before judgment (PBJ), a not guilty finding, or a dismissal, the charge may be eligible for full expungement. Getting the record cleaned up is an important step, and it is something we regularly help clients with at FrizWoods.
Related Charges
Disorderly conduct often shows up alongside other charges. Depending on the circumstances, you may also be facing:
- Second degree assault if there was physical contact
- Resisting arrest if you physically resisted during the encounter
- Trespass if you refused to leave private property
- Assault on law enforcement if physical contact was made with an officer
- Harassment if the conduct was directed at a specific person over time
Having multiple charges makes it even more important to have a lawyer who understands how these offenses interact and can develop a strategy that addresses all of them.
Why Hire FrizWoods
We have defended clients against first-time disorderly conduct charges across Maryland. Every case is different, and we look at the specific facts of your situation to determine the best approach, whether that means fighting the charge at trial, negotiating a STET or PBJ, or getting the case dismissed outright.
We handle disorderly conduct cases in Prince George's County, Anne Arundel County, Howard County, Montgomery County, Baltimore County, and Baltimore City. Check out our reviews to see what past clients have to say.
Contact us for a free consultation to discuss your case.
FAQs
Q: What is the penalty for disorderly conduct in Maryland?
A: Disorderly conduct is a misdemeanor under Criminal Law § 10-201. The maximum penalty is 60 days in jail and/or a $500 fine. The charge also creates a criminal record that can affect employment and housing.
Q: Can I go to jail for disorderly conduct?
A: Yes, technically. The statute allows for up to 60 days of imprisonment. In practice, first-time offenders often receive probation, a fine, or a probation before judgment (PBJ) rather than jail time. But the possibility of jail makes it important to take the charge seriously and hire a criminal defense attorney.
Q: Is yelling at someone disorderly conduct?
A: Not necessarily. The State has to prove that you willfully acted in a disorderly manner that disturbed the public peace. Yelling during a heated argument may not meet that standard depending on the context, location, and whether anyone's peace was actually disturbed. Speech is also generally protected by the First Amendment.
Q: What is the difference between disorderly conduct and disorderly intoxication?
A: Disorderly conduct under Criminal Law § 10-201 does not require intoxication. It covers willfully acting in a disorderly manner, making unreasonably loud noise, obstructing passage, or failing to obey a lawful police order. The maximum penalty is 60 days and $500. Disorderly intoxication under Alcoholic Beverages and Cannabis Code § 6-320 specifically requires the person to be intoxicated and either endanger safety or cause a public disturbance. It carries up to 90 days in jail but only a $100 fine.
Q: Can a disorderly conduct charge be expunged?
A: Yes. If you receive a PBJ, not guilty finding, or dismissal, the charge may be eligible for expungement. Even a conviction for disorderly conduct is classified as a "shieldable conviction" under Maryland law, meaning it can potentially be hidden from public records after a waiting period.
Q: What should I do if I was charged with disorderly conduct?
A: Do not discuss the incident with police without a lawyer present. Write down everything you remember about what happened as soon as possible. Then contact an attorney to discuss your options. Many disorderly conduct cases have strong defenses, and an experienced lawyer can evaluate whether the charge is likely to hold up.