The Brief
What You Need to Know. No More, No Less.
What Is Threatening to Commit a Crime in Massachusetts?
Not every angry statement is a crime. Massachusetts law requires proof that the threat was real and intended.
Threatening to commit a crime is a separate offense in Massachusetts that does not require any physical action. A person can be charged based on words alone if those words express an intent to commit a crime against another person or property.
The Commonwealth must prove that the statement was a true threat and not just a joke, exaggeration, or protected speech. The context of the statement matters. Courts look at how a reasonable person would interpret the words and whether they would cause fear but also whether the defendant was aware or consciously disregarded a substantial risk the statement would be viewed as a threat.
Many cases involve text messages, social media posts, or arguments that escalate. The issue is often whether the statement was serious enough to be considered a real threat. Statements made in anger or frustration do not automatically meet that standard.
Because this charge overlaps with free speech protections and the First Amendment, it is often defensible. Careful analysis of the language used and the surrounding circumstances can make a significant difference in how the case is resolved. I will often file a motion to dismiss on these charges based on the defenses mentioned. Contacting an attorney as soon as possible is key in defending this charge.
What Is Disorderly Conduct in Massachusetts?
A disorderly conduct charge doesn’t require violence or threats. It often arises from public arguments, protests, or encounters with police. The law limits how far the state can go in punishing speech or conduct.
Disorderly conduct is one of the most common misdemeanor charges in Massachusetts, but it is also one of the most misunderstood. The offense covers behavior that intentionally causes public inconvenience, annoyance, or alarm, or that recklessly creates a risk of doing so. It often comes up during protests, arguments, or encounters with police in public places.
To convict someone of disorderly conduct, the Commonwealth must prove that the behavior was unreasonable under the circumstances. Simply being loud, angry, or disrespectful is not enough. The law protects speech that may be unpopular or offensive, and Massachusetts courts have repeatedly ruled that peaceful expression cannot be punished as disorderly conduct. Physical aggression, blocking traffic, or refusing to obey lawful safety orders are examples that may meet the definition.
Many disorderly conduct charges are based on quick judgments made in stressful situations. Defenses often focus on whether the conduct truly disturbed the public or whether the charge was based on protected speech. Because of the free speech implications, these cases are often dismissed with the right defense.
A disorderly conduct charge can seem minor, but it carries real consequences and can appear on your criminal record. Knowing your rights and the limits of the law is the first step toward resolving it effectively.