What is a Disorderly Conduct Charge in Arizona?

July 29, 2020 Posted in Disorderly Conduct

Disorderly conduct is a criminal charge in the state of Arizona. Most disorderly conduct cases are charged as a class 1 misdemeanor, however, in some circumstances, a perpetrator can be charged with a class 6 felony.

A conviction for disorderly conduct will affect your criminal record and subject you to potential penalties. For these reasons, you should seek out representation from a criminal attorney if you are charged.

What is considered disorderly conduct?

According to Arizona law, disorderly conduct is when a person intends to disturb the peace of a neighborhood, family, or person or with knowledge of doing so they:

• Fight, or engage in violent or seriously disruptive behavior
• Make unreasonable noise
• Use abusive/offensive language or gestures to a person in such a way as to likely provoke immediate retaliation by them
• Make commotion, utterance, or display with the intent to prevent the transaction of a business meeting, gathering, or procession
• Refuse to obey an order to disperse that is issued to maintain public safety in dangerous proximity to a fire, hazard, or other emergency
• Recklessly handle, display, or discharge a deadly weapon or other dangerous instrument

If a person is alleged to have committed any of the conduct listed above, then they could face a class 1 misdemeanor. If they are alleged to have committed any of these acts and a firearm was involved, then they could be charged with a class 6 felony.

What are the potential penalties for disorderly conduct?

A person who is convicted of a class 1 misdemeanor disorderly conduct may face the following penalties:

• Fines and costs up to $2,500
• Up to 6 months in jail
• Up to 5 years of probation

A person convicted of a class 6 felony disorderly conduct may face up to 1 year in prison and a loss of certain civil rights.

In additional to the potential fines, jail, and probation, a conviction may also result in mandatory drug and alcohol testing, court-ordered substance abuse, or anger management treatment, community service, limitations on firearm possession, and other court imposed requirements.

Are there any defenses to a disorderly conduct charge?

In some situations, there may be defenses available to challenge the charge. This could result in dismissal of the case, a reduction to a less significant charge, or decreased sentencing recommendations.

Some defenses that may be raised include:

• Reasonable doubt as to any of the elements of the charge
• A violation of your constitutional rights
• Justification for your alleged conduct
• Lack of the necessary intent

What should you do if you are charged with disorderly conduct?

Because a disorderly conduct can have significant consequences, you should be aware of your rights and exercise those rights. Those rights include:

• The right to remain silent
• The right to have a trial
• The presumption of innocence
• The right to bail if you are arrested
• The right to have an attorney

To ensure that your rights are protected and that you receive a just outcome, you should contact an experienced criminal defense attorney. A criminal attorney will provide you with legal advice about your case and help you know what to expect. They will advocate for you to receive a fair and just result. At the Law Offices of Gary L Rohlwing, our team strives to help our clients receive the best result possible under the circumstances. We are experienced and know what it takes to present a successful defense.