Arizona Disorderly Conduct Laws, Penalties and Defense

  
December 20, 2010
By James E. Novak, P.L.L.C. on December 20, 2010 6:09 AM |

DEFENDING DISORDERLY CONDUCT CHARGES
Why you need a good Disorderly Conduct Attorney in Arizona to fight your disorderly conduct charges

Arizona Disorderly Conduct Charges
Disorderly conduct charges in Arizona are often referred to as "disturbing the peace". If you have been arrested or charged with any disorderly conduct charges in Arizona, you should consult an Arizona criminal defense attorney or disorderly conduct defense attorney as soon as possible to discuss your charges and defense options.

Some of the best Attorneys in Arizona agree that this offense is often charged when the police can't find anything else to charge you with, and they are annoyed with you. From a defense standpoint, the facts of the alleged disruptive behavior is over stated or exaggerated by law enforcement or police who arrested you or charged you with it
There are a number of behaviors that the police view as disruptive behavior and that will lead to charges or arrest for disorderly conduct in Arizona. These can include, but are not limited to the following:

• Fighting with others or engaging in combative behavior;
• Making "unreasonable" noise;
• Cursing, loud, abusive, or offensive language to another person for the purpose of provocation or other reason;
• Engaging in behavior that disrupts business operations;.
• Refusing to leave an area as directed by officials (for instance: the scene of a fire or emergency);
• Recklessly handling, or displaying a firearm or other dangerous weapon to provoke, intimidate, or make someone fear that harm to them is imminent.

The disturbance may be reported to the police due to the disruptive, loud, or intimidating behavior by family, friends, co-workers, groups, neighbors, business owners, business patrons, or other entity. They merely need to contact the police and report a disturbance.

The other scenario is if the police are already on the scene for another matter, other violations, and become annoyed with you.

Arizona Disorderly Conduct Laws
Arizona Revised Statutes - A.R.S. Arizona Disorderly Conduct Law
ARS 13-2904. Disorderly conduct; classification

A. A person commits disorderly conduct if, with intent to disturb the peace or quiet of a neighborhood, family or person, or with knowledge of doing so, such person:
1. Engages in fighting, violent or seriously disruptive behavior; or
2. Makes unreasonable noise; or
3. Uses abusive or offensive language or gestures to any person present in a manner likely to provoke immediate physical retaliation by such person; or
4. Makes any protracted commotion, utterance or display with the intent to prevent the transaction of the business of a lawful meeting, gathering or procession; or
5. Refuses to obey a lawful order to disperse issued to maintain public safety in dangerous proximity to a fire, a hazard or any other emergency; or
6. Recklessly handles displays or discharges a deadly weapon or dangerous instrument.

B. Disorderly conduct under subsection A, paragraph 6 is a class 6 felony. Disorderly conduct under subsection A, paragraph 1, 2, 3, 4 or 5 is a class 1 misdemeanor.

Arizona Disorderly Conduct Penalties
Generally a disorderly conduct misdemeanor charge is categorized as a Class 1. A Class 1 misdemeanor is the highest level of misdemeanor (just below a felony) under Arizona Law. Sentencing may include up to 6 months incarceration in prison, and fines of $2,500.

Depending on the circumstances, a basic, disorderly conduct charge with no aggravated factors do not justify punishments of the maximum sentence. However, no any disorderly conduct conviction may include jail time, probation, fines, fees, and other penalties the judge deems appropriate including counseling and community service.
Disorderly conduct charges that include use of a firearm or other dangerous weapon will elevate the charge to a class 6 felony.

Felony disorderly conduct convictions carry a maximum punishment of one year in prison. You would also possess a criminal record which labels you as a convicted felon. Penalties less than the maximum may include jail, probation, fines, fees, counseling, and other penalties the Arizona judge deems necessary based on your circumstances.

Arizona Disorderly Conduct Defenses | Criminal Defense Attorney AZ
A good Arizona criminal defense or disorderly conduct attorney will conduct a thorough investigation of all the facts to determine if the charge was justified or not. In many cases there will be flaws or weaknesses in their case. This offense is often used as a "catch all" excuse for the police to subdue, charge, or arrest you. It is usually very subjective in nature.

As a result, a good Arizona criminal defense attorney or disorderly conduct attorney in Arizona can find flaws and weaknesses in the prosecution's case, and present compelling arguments in your defense. Retaining an experienced Arizona disorderly conduct attorney will greatly increase your chances of getting your disorderly conduct charges dismissed, reduced, or otherwise the best outcome in your case.

If you have been arrested for DUI or criminal charges in Maricopa County contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Arizona criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor).

The Law Office of James Novak is devoted to defending DUI, Drug & criminal charges in Arizona, valley wide within Maricopa County including the cities of Phoenix, Chandler, Scottsdale, Mesa, Gilbert and Tempe Arizona.

This post was intended to provide general information only and is not intended as specific legal advice. You should not rely upon this information alone, but should consult legal counsel regarding the application of the laws and regulations discussed and as applied to your specific case or circumstances.