Michigan Law: What Constitutes Disorderly Conduct or Disturbance?

Every year, police in cities like Plymouth, Northville, and Canton respond to calls involving disputes, shouting matches, or even physical altercations over public parking spots. When officers arrive, they’re tasked with deciding if what occurred falls under disorderly conduct, a simple disturbance, or if the case doesn’t rise to the level of criminal behavior at all. Knowing where the line is drawn under Michigan law can make all the difference between a warning and handcuffs.

Let’s break down the difference between these two charges, how they apply to parking disputes, and what the penalties might be if you’re facing one of them in court.

What Is Considered Disorderly Conduct in Michigan?

Disorderly conduct is a misdemeanor offense under Michigan law, governed primarily by MCL 750.167. It includes a wide array of actions considered to disturb public peace or decency. According to the statute, a person commits disorderly conduct when they:

• Are intoxicated in a public place and are endangering themselves or others
• Engage in indecent or obscene conduct in public
• Act in a brawling or violent manner
• Make unreasonable noise that disturbs others
• Use vulgar language to provoke violence

In the context of a street parking fight, a person could be charged with disorderly conduct if they shout profanities at another driver, cause a scene that draws onlookers, physically confronts someone, or continue arguing after being told by law enforcement to disperse.

In many cases, the fact that a phone is recording or bystanders are witnessing an incident can lead prosecutors or police to elevate what might otherwise be a simple disagreement into a criminal matter. Once a situation escalates to the point that police are involved, statements made at the scene can be used as evidence—even if those present believed the incident was minor.

Simple Disturbance: A Lesser Offense, but Still a Criminal Charge

Simple disturbance isn’t defined in Michigan’s state penal code in the same way disorderly conduct is. Instead, it often falls under local ordinances or city-specific statutes—such as Plymouth’s municipal code—and is categorized as a more minor form of disorderly behavior. However, make no mistake: a ticket for creating a public disturbance still results in a misdemeanor record, and can affect employment, housing, and future court matters.

A typical example of a simple disturbance might be two parties exchanging heated words over a parking space but not engaging in physical altercations, obscene gestures, or clear public intoxication. While disorderly conduct has specific statutory elements, a disturbance is more open to interpretation by local law enforcement and judges. Often, the specific charge is at the discretion of the officer on the scene depending on how cooperative and composed people are when encountered.

We’ve represented clients cited for "creating a general disturbance" during events like the Plymouth Ice Festival, where arguments over lines or access to parking lots got out of hand. In these cases, an experienced defense attorney can often negotiate a reduction to a civil infraction or seek dismissal altogether—especially if you have no prior record and the situation was blown out of proportion.

Penalties for Disorderly Conduct and Disturbance Charges

While both disorderly conduct and public disturbance are typically misdemeanor charges, their impact can differ drastically depending on the facts of the case and prior history of the accused.

Disorderly Conduct

• Classified as a 90-day misdemeanor
• Possible fine up to $500
• Potential jail time (though jail is not common for a first offense)
• Permanent criminal record unless expunged
• Probation, community service, or mandatory anger management classes

Simple Disturbance

• Usually classified as a local ordinance misdemeanor
• Fine typically ranges from $100 to $250
• Jail time unlikely but possible in extreme cases
• May still involve probation or municipal penalties

The long-term consequences of having a misdemeanor on your record can be harsh. Background checks for employment, student loan applications, or leasing an apartment often reveal these convictions—and people are less likely to overlook them even if it was “just a parking fight.”

Defending Against Charges From a Public Altercation

If you’ve been charged with disorderly conduct or causing a disturbance after an incident involving public parking in Plymouth or anywhere in Wayne County, it’s important to know you have defenses available—especially if no one was injured and the situation did not involve drugs or alcohol.

Some common defenses we’ve successfully used at 35th District Court include:

• Self-defense: If an aggressive party approached you or threatened violence, your verbal or physical response may have been provoked lawfully.
• Mutual confrontation: If both parties acted inappropriately, the prosecution may find it hard to prove you were the primary aggressor.
• Lack of criminal intent: Losing your temper over a parking space, while ill-advised, doesn’t automatically meet the legal threshold for a misdemeanor—especially if no threats or offensive language were used.

Getting your side of the story on the record—especially before your pretrial appearance—can make a considerable difference. If there were witnesses or audio/video recordings of the incident, that evidence can shift the outcome in your favor.

How Plymouth Courts Handle These Cases

At the 35th District Court, which serves Plymouth, Northville, and Canton, a large number of these types of charges are filed during summer months. Many stem from festivals, downtown events, or even bar closings where large crowds try to leave at the same time. Local law enforcement generally aims for de-escalation, but when a call is made and officers arrive to find raised voices and shouting, citations are often issued to at least one or both parties.

We’ve handled countless cases at this courthouse and understand how each judge approaches these "gray area" offenses. Some, like Judge Michael Gerou, are highly procedural and look for legal certainty in the police report. Others, like Judge Joe Barone, place a huge emphasis on community responsibility and expect people to maintain composure in public spaces.

Your defense attorney should be familiar with these local nuances. At Boria Law, we’ve successfully secured dismissals of parking-related altercations by showing the judge a clean history, obtaining character references, and making a strong case that our client was not the instigator—or that the situation simply didn’t rise to criminal conduct.

If You’ve Been Charged: What to Do Next

Being written up for disorderly conduct or a simple disturbance may feel embarrassing, but it happens more often than you might think in busy areas like downtown Plymouth. The most important thing you can do is contact an experienced criminal defense attorney who understands local courts, local law enforcement protocol, and how to get favorable results—especially for first-time offenders.

If you’ve been accused of a public disturbance or disorderly conduct, don’t wait. These charges aren’t worth risking your record or reputation over what may have been a brief lapse in judgment during a stressful moment. Call Aaron J. Boria today at (734) 453-7806 to schedule your free consultation. We’ll help you understand the exact charges, review the police report, and build the best strategy for dismissal or resolution.

For more information about legal services, visit our criminal defense page.

Conclusion

While no one expects to be charged with a crime over a simple parking spot, these situations do happen—especially as Plymouth continues to draw large crowds each summer. Remember that under Michigan law, what feels like a quick disagreement can turn into a legal headache if officers believe your behavior crossed a legal line.

Understanding the difference between disorderly conduct and creating a public disturbance is key. If you’re facing either charge, know that an aggressive, well-informed legal defense can often resolve the matter without lasting consequences. And never forget—you don’t have to face the legal system alone.

We’re here to help. Call (734) 453-7806 today to speak directly with criminal defense attorney Aaron J. Boria. Your future is worth protecting.