Misdemeanor Disorderly conduct (A.R.S. §13-2904) is a crime that occurs when someone either knowingly or unknowingly disturbs the peace. This can involve a neighborhood, another person or a family as a result of the individual being violent, unreasonably loud, starting fights or using abusive and offensive language. In the state of Arizona, in Phoenix or anywhere else, as per A.R.S. §13-2904, disorderly conduct is an offense that makes another person or other people feel threatened. Whether it involves actual harming of the other individual or individuals involved, it is a crime that carries serious punishment. A person can also be charged with Felony Disorderly Conduct if they use a gun or other type of dangerous instrument (weapon) when committing the act of disorderly conduct in Arizona.
In many instances, people think of disorderly conduct as a charge of “drunk and disorderly.” This typically occurs when a couple has engaged in a loud argument that ends up with neighbors or passers by calling the police. In Arizona, Disorderly Conduct can also be charged in concert with Resisting Arrest, Fighting others, and being abusive or using abusive language in public, or being unreasonably loud. Our firm has had success in getting disorderly conduct charges dropped or reduced, depending on the facts in the case. If you have been charged or suspected of Disorderly Conduct in Arizona, give us a call for a free consultation with an attorney about your case.
Punishment for Disorderly Conduct
As we stated before, Disorderly Conduct is a misdemeanor unless a gun or other weapon is used then it become a felony. A conviction for misdemeanor Disorderly Conduct will be charged as a class 1 misdemeanor. This is punishable from 0 days in jail up to 6 months in jail. You’re also looking at a fine of up to $2,500 plus an 84% surcharge. To top it all off you can receive up to 3 years probation that may include classes and counseling for issues relating to anger or alcohol. A conviction for Disorderly Conduct will also show up on your record, and may effect your current employment.
Most commonly, the crime of Felony Disorderly Conduct involves a gun. In this instance, it is charged as a class six felony and also an Allegation of Dangerousness as a result of using a deadly weapon or other dangerous instrument. This is considered a dangerous felony and carries a punishment of a minimum prison sentence of one and a half years, which is mandatory, time spent in prison that can last on average two and two quarter years and a maximum of three years in prison. If the individual who has been charged has a prior felony conviction, he or she will have to do the “prison only” sentence, which is three years at the minimum, and could last up to a maximum of six years of total incarceration.
Defenses for Disorderly Conduct
If you are arrested for disorderly conduct, you should immediately contact a skilled disorderly conduct attorney who can defend you to your best advantage. There are several different defenses the lawyer can use to help you during your case. One of the most basic is that the defendant lacked the mental state at the time of the incident to realize that his or her actions disturbed the peace.
An example of the way an attorney can defend someone in a disorderly conduct charge when there are firearms involved is that it can be demonstrated that while the defendant possessed firearms, he or she did not use it in a threatening or seriously disruptive manner. In other words, the lawyer may prove that while the defendant’s behavior might have been disruptive, it was not seriously so.
Additional defenses can involve denial of right to counsel in which a person is denied the opportunity to speak with an attorney and violation of Miranda Rights in which they are not properly told of all their rights when they are being arrested.
If you have been suspected of disorderly conduct it is important to speak with a lawyer about your case. To schedule a free case review with an attorney, please give us a call at (602) 307-0808 to make an appointment. Our office phone is answered 24 hours a day or you can send us an email by using our confidential email form.