Navigate Disorderly Conduct Charges With Confidence

Understanding Obstructing Legal Process in Minnesota

In Minnesota, the crime of Obstructing Legal Process refers to specific actions that interfere with the lawful duties of certain professionals, such as law enforcement officers, firefighters, or emergency responders

Disorderly Conduct Lawyer in Minneapolis, MN

What Does Minnesota Statute 609.50 Say?

Minnesota Statute 609.50 outlines the various ways this crime can occur and categorizes the offense into different subdivisions depending on the context and individuals involved.The statute identifies five distinct types of conduct that constitute Obstructing Legal Process. Each is detailed in Subdivision 1 of the statute, with specific provisions for different professionals in later subdivisions.

General Obstruction

This section criminalizes actions that obstruct, hinder, or prevent the lawful execution of any legal process. Examples include:

  • Standing in the way of an officer making an arrest.
  • Being excessively loud or disruptive, preventing an officer from issuing lawful commands.
  • Interfering with court processes, such as refusing to accept service of a lawsuit.

Obstruction of a Peace Officer

Subdivision 2 applies specifically to obstructing or interfering with a peace officer while they are performing official duties. This provision excludes court-related processes and focuses on duties performed in the field.

Interference with Firefighters

This section addresses situations where someone interferes with or obstructs a firefighter in the course of their official duties, such as fighting a fire or conducting a rescue.

Interference with Ambulance Services

This provision is specific to ambulance service members. It applies when someone obstructs or interferes with emergency personnel providing or attempting to provide emergency care.

Threats to State Employees

The final subdivision criminalizes threats against employees of certain state agencies, such as the Minnesota Department of Revenue and the Department of Public Safety.

How Are These Charges Applied?

Subdivision 1 is often seen as a “catch-all” category, covering a broad range of behaviors. However, prosecutors frequently rely on more specific charges, such as assault or disorderly conduct, rather than pursuing Obstructing Legal Process. Despite this, the statute can be strategically used in negotiations. For instance, defense attorneys may leverage this charge to secure reduced penalties for their clients, such as downgrading a felony to a misdemeanor, which can have fewer long-term consequences.

Penalties for Obstructing Legal Process in Minnesota

The penalties for obstructing legal process vary based on the severity of the offense. Minnesota Statute 609.50 classifies the crime as a misdemeanor, gross misdemeanor, or felony depending on the circumstances:

Misdemeanor

  • When charged: General obstruction without aggravating factors.
  • Penalties: Up to 90 days in jail, a $1,000 fine, or both.

Gross Misdemeanor

  • When charged: Obstruction involving force, violence, or credible threats.
  • Penalties: Up to 364 days in jail, a $3,000 fine, or both.

Felony

  • When charged: If the obstruction knowingly or recklessly creates a risk of death, substantial bodily harm, or significant property damage. The statute also removes the requirement to prove intent if such outcomes occur.
  • Penalties: Up to five years in prison, a $10,000 fine, or both.

 

How do you end up with a disorderly conduct charge?

Typically, there are two ways that you’ll end up facing a disorderly conduct charge. The first is when you plead guilty to disorderly conduct instead of a greater charge. This will generally occur if you’ve been charged with a misdemeanor assault. The terms of the plea agreement significantly affect its impact on your record and eligibility for expungement. The second scenario is if the State doesn’t have a strong case against you. It’s often used as a catch-all charge for many different types of cases. I have personally seen this charge used for fights that were clearly in self-defense all the way up to non-consensual sexual allegations with terrible evidence.

Do I need a lawyer for a disorderly conduct charge?

If you’re facing a Minnesota disorderly conduct charge, I highly recommend consulting with a lawyer. There are so many different scenarios that can result in this charge so, it’s important to know where your case stands. For example, when you’re doing your plea are you receiving a stay of adjudication? This means that a conviction won’t go on your record. It’s common to see defendants eat the charge because they don’t think it’s a big deal. But, the conviction means it will be on your record. I’ve had many opening offers where the plea would result in a conviction, but after negotiations, I will almost always get a non-conviction for my client.

What are the most common acts charged as Disorderly Conduct?

Disorderly conduct commonly refers to brawling, being obscene, damaging property, playing loud music, revving a noisy car engine, or disturbing a lawful meeting or assembly.

How do I beat a disorderly conduct charge?

When it comes to a disorderly conduct charge in Minnesota, it’s also important to know how to navigate the court process. If we have a winning case, I’ll file a speedy demand. Usually, weeks later I’ll often have a dismissal served. This is because prosecutors have bigger fish to fry and don’t want to mess with a little case if they have a backlog of important ones. If you try to represent yourself without a Minnesota lawyer, there’s basically no threat of trial to a prosecutor. While they may believe they can overcome a case with a non-represented defendant, they know it will be more challenging against a lawyer. If you’ve hired a Minnesota attorney for your disorderly conduct case, they will usually fold.

Who decides if the conduct is disorderly?

The jury will ultimately decide if a charge goes to trial. Prior to that, an objective standard is used: would a reasonable person find the conduct disorderly?

Will I serve jail time on a disorderly conduct charge?

The good news about a disorderly conduct charge is you likely won’t serve jail time. There will, however, be a probationary period and fines. Not to mention that it will go on your criminal record. This is why I cannot recommend hiring a Minnesota attorney enough. You may be able to avoid most of these consequences or have the case completely dismissed. Have a disorderly conduct charge? Contact Minnesota Disorderly Conduct Attorney Maxwell Shek today, we can help.

Why These Charges Matter

While you might not hear about obstructing legal process charges as often as assault or DWI, they’re still significant. In many cases, prosecutors prefer to file specific charges when they can, but this statute offers flexibility—and sometimes, a second chance. For someone facing a felony charge, having it reduced to obstruction could mean a lighter sentence or fewer long-term consequences.

Facing a disorderly conduct charge in Minnesota isn’t the end of the road. With Shek Law, you have a dedicated partner ready to defend your rights and navigate this challenge together.

Contact us today to get started.