A Disorderly Conduct charge is an all encompassing crime that is often referred to as a “catch-all” crime because it can potentially include a wide variety of situations. Disorderly Conduct is often charged in conjunction with assault, domestic violence crimes, or threatening and intimidating. Per the Disorderly Conduct statute, A.R.S. 13-2904, Disorderly Conduct can include:
- Fighting, violent or seriously disruptive behavior; or
- Making unreasonable noise; or
- Using abusive or offensive language or gestures to any person present in a manner likely to provoke immediate physical retaliation by such person; or
- Making any protracted commotion, utterance or display with the intent to prevent the transaction of the business of a lawful meeting, gathering or procession; or
- Refusing 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
- Recklessly handling, displaying or discharging a deadly weapon or dangerous instrument.
If any of the above is done with the intent to disturb the peace or quiet of a neighborhood, family or person, you can be charged with Disorderly Conduct. As you can see, Disorderly Conduct covers a broad range of behaviors that can be difficult to defend against. For this reason, you should consult with a knowledgeable criminal lawyer to explore your options.
Disorderly Conduct Penalties
Misdemeanor Disorderly Conduct
For most cases, disorderly conduct is a class 1 misdemeanor. The possible punishment for a class 1 misdemeanor includes a maximum of 6 months in jail and up to a $2,500 fine (plus surcharges). A class 1 misdemeanor can also include a sentence to probation.
Felony Disorderly Conduct
Disorderly Conduct can become a felony charge if a firearm is involved. Pursuant to A.R.S. 13-2904 someone who “recklessly handles, displays or discharges” a weapon with the intent to disturbed the peace or quite of a person can be charged with felony Disorderly Conduct.
Felony Disorderly Conduct is a class 6 felony, and will also be charged with an “Allegation of Dangerousness” because the offense involved the use or threatened us of a deadly weapon or dangerous instrument. A first offense “Dangerous Felony” includes a mandatory minimum prison sentence of one and one half (1.5) years, a presumptive prison term of two and one quarter (2.25) years, and a maximum of three (3) years of incarceration. Additionally, a felony charge can create problems securing housing, employment, education and other important services.
CHARGED WITH MISCONDUCT? GET HELP!
How can our Criminal Lawyers help you with Disorderly Conduct Charge?
There are numerous defenses that could be used to defend against a Disorderly Conduct charge. The possible defenses range from self-defense to proving that you did not knowingly intend to cause a disturbance. In cases where a firearm is involved, a possible defense is to assert the firearm was being lawfully possessed and was not being handled in a manner that would disturb the peace of another. In each case, a thorough investigation of the facts is necessary to analyze whether the charged behavior can be qualified as “seriously disruptive.”
In order to have a successful defense, you need an accomplished criminal attorney who is experienced and familiar with Disorderly Conduct cases. The criminal defense attorneys with the Lerner and Rowe Law Group have the knowledge, skill, and experience to help you fight the charge.
Charged with Disorderly Conduct? Contact Our Team of Experienced Phoenix Criminal Lawyers Today!
We offer you a FREE consultation, as well as affordable payment plans. We handle cases in Mesa, Chandler, Scottsdale, Gilbert, Phoenix, Glendale, Peoria and all across the state of Arizona. Our legal team is available 24/7 to take your call at (602) 667-7777. Call now!