What Constitutes Public Disorder in Michigan?

The term “public disorder” covers a range of offenses under Michigan law, from disorderly conduct to unlawful assembly. These offenses are often charged when large groups gather, emotions run high, and police believe the public peace is at risk. Here are some of the most common charges seen during major holidays:

• Disorderly Conduct (MCL 750.167): This includes being intoxicated in public, refusing to vacate premises when asked, or engaging in violent or threatening behavior.
• Disturbing the Peace: A misdemeanor that covers fighting in public, loud arguing, or other behavior that disrupts community tranquility.
• Failure to Obey a Police Officer: Refusing to comply with lawful orders, especially during crowd dispersal, can lead to criminal charges.
• Unlawful Assembly or Rioting (MCL 752.541): Gathering with others with the intent to commit or incite unlawful acts, even if you don’t actively participate, can result in felony-level charges.
• Obstruction of Justice: Hindering police investigations, resisting arrest, or interfering with law enforcement can quickly worsen your legal situation.

Many people don't realize that merely being present during a protest or gathering that escalates can lead to criminal charges, even without active involvement. In Michigan, guilt hinges on intent and specific actions, which can make or break a case.

Why Holiday Weekends Lead to Elevated Arrest Rates

Holiday weekends in Michigan are known for increased police patrols and crowd control efforts. Cities like Detroit, Grand Rapids, Ann Arbor, and beach towns along Lake Michigan all see spikes in outdoor activities—often accompanied by drinking, fireworks, and large public celebrations.

During these times, it's not unusual for police to adopt a zero-tolerance approach toward public disturbances. While their goal is to maintain peace and safety, this approach sometimes results in over-policing or the arrest of individuals who haven't committed a crime, but are simply present in the wrong place at the wrong time.

Legal Penalties for Disorderly Conduct and Related Offenses

In Michigan, most public disorder offenses are considered misdemeanors, though more serious incidents may result in felony charges. Here’s what you might be facing:

• Disorderly Conduct: Up to 90 days in jail and/or a fine of up to $500.
• Disturbing the Peace: Typically a 93-day misdemeanor with potential fines up to $500.
• Failure to Obey a Police Officer: Depending on the circumstances, this could be a misdemeanor or a felony with harsher penalties.
• Unlawful Assembly: A felony, carrying up to 1 year in prison, with increased penalties if riots or destruction occur.
• Resisting Arrest or Obstructing Police (MCL 750.81d): Felony, punishable by up to 2 years in prison and possible additional time if injuries occur.

Many of these charges come with probation, mandatory community service, or counseling. Worst of all, a conviction may result in a permanent criminal record, which can hurt employment and housing opportunities.

Defending Against Public Disorder Charges in Michigan

The good news: being charged doesn’t mean you’ll be convicted. An experienced Michigan criminal defense attorney can uncover key defenses that may apply in your situation. Every detail—from police body cam footage to crowd surveillance videos—matters. Here are some of the most effective strategies:

1. Mistaken Identity

During chaotic situations like protests or festivals, police sometimes arrest the wrong person. If you were confused with another individual or swept into a large crowd arrest, your attorney can use witness statements, surveillance footage, and social media check-ins to prove it wasn’t you.

2. No Intent to Disturb

Michigan law typically requires intent or willful behavior for a conviction. Simply being loud or part of a group doesn’t automatically mean you broke the law. If your actions were misunderstood, you have a legitimate defense.

3. Protected Speech

The First Amendment protects free speech and peaceful assembly. If your behavior involved chanting, protesting, or political speech without incitement or violence, you may be protected under constitutional law—especially if police acted excessively in response.

4. Police Misconduct or Excessive Force

If police violated your rights during your arrest (e.g., used force without justification or failed to identify themselves), this can be used to challenge the charges or seek dismissal. In some cases, charges are dropped when the arrest lacks proper legal foundation.

5. Lack of Evidence

The prosecutor must prove guilt beyond a reasonable doubt. If there’s no reliable evidence—no arrest video, no credible witnesses—you can argue that the state simply doesn’t have a case.

6. Self-Defense or Defense of Others

If you were protecting yourself or someone else during an altercation, you may claim self-defense. However, this only applies if the force used was reasonable and proportionate to the threat faced.

What to Expect After Being Charged

If you’ve been arrested in Michigan during a holiday weekend, here’s what typically happens:

1. Immediate Arraignment

You’ll appear before a judge, usually within 72 hours of arrest. The judge will read the charges, explain your rights, and decide on bond conditions. It’s crucial to have a skilled attorney at this stage who can argue for release or favorable conditions.

2. Pretrial Hearings

Your case will proceed to a pretrial where your attorney can begin negotiations or file motions. For instance, we may challenge the legality of the arrest or move to suppress evidence.

3. Possible Plea Bargain

Often, with the right legal pressure, we can negotiate a reduction in charges—sometimes down to a civil infraction or a dismissal after a short probation period. This avoids a permanent record.

4. Trial

If no agreement is reached, we go to trial. Our firm has secured dozens of not-guilty verdicts and pre-trial dismissals by challenging evidence and leveraging constitutional protections for our clients.

Our Track Record in Michigan Courts

We’ve handled dozens of cases involving holiday weekend arrests for alleged public disturbance across Southeast Michigan. In one recent case, a client was arrested in downtown Ann Arbor during an Independence Day celebration. He was charged with disorderly conduct and resisting arrest. The charges, if convicted, would have resulted in jail time and damaged his university record.

After obtaining police body cam footage and cross-examining arresting officers, we convinced the prosecutor that our client had not resisted—and was merely stepping back as instructed. The charges were dropped to a civil infraction, and his record was protected. That’s the difference experience makes.

Why Acting Quickly Matters

The sooner you take action, the better your chances of getting ahead of the charges. Witnesses forget details, video gets erased, and prosecutors begin building their case quickly. That’s why it’s critical to get legal help as soon as possible.

If you or someone you know has been charged with a public disorder offense in Michigan during a holiday weekend, don’t wait. Contact criminal defense lawyer Aaron J. Boria today. Call (734) 453-7806 for a free consultation. We’re ready to aggressively defend your rights and fight for your future.

You can also visit our criminal defense homepage for more resources and information about our services.

Conclusion

Public disorder charges during holiday weekends in Michigan are more common than you might think. But just because you’ve been charged doesn’t mean you’re automatically guilty. From mistaken identity to constitutional defenses, there are several legal strategies that can be used to fight these charges.

At Boria Law, we understand how fast a celebration can turn into a situation requiring serious legal expertise. Our aggressive and personalized approach means that we look at every angle to reduce or dismiss the charges against you.

If you’re facing charges after Labor Day, the Fourth of July, or any other holiday gathering, don’t try to navigate this alone. Aaron J. Boria has years of experience fighting public disorder and misdemeanor charges across the state. Call (734) 453-7806 today for a free consultation and let’s put this behind you the right way.