With top-tier professional and college sports teams, many music venues and other entertainment options, Arizona is a state that offers plenty of excitement. But when that excitement “allegedly” gets out of hand, the police may make an arrest on disorderly conduct charges. A.R.S. §13-2904, which addresses disorderly conduct, defines disorderly conduct quite broadly, explaining that anyone who knowingly or intentionally makes unreasonable noise; uses offensive gestures or language in a manner likely to provoke physical retaliation; causes a disturbance at a lawful meeting, gathering or procession; refuses to obey an order to disperse in an emergency; or engages in ” fighting, violent or seriously disruptive behavior” is guilty of misdemeanor disorderly conduct.
Often, this charge arises after a night out on the town, or when a couple argues loudly enough for neighbors to hear and become concerned. If you have been charged with misdemeanor disorderly conduct, getting an attorney’s help is vital.
Penalties for Misdemeanor Disorderly Conduct
If the disorderly conduct charges stem from an incident that did not involve a deadly weapon, the charge will be a class one (1) misdemeanor. The penalties for a disorderly conduct charge involve up to three years of probation with counseling and classes; up to six (6) months in jail; and a fine of up to $2,500 with an 84% surcharge.
Defenses for Misdemeanor Disorderly Conduct
If you have been charged with misdemeanor disorderly conduct, we can assert several defenses on your behalf. The defenses we can use depend upon what the facts of your particular case were, and what type of actions the police allege were disorderly. Often, an effective defense is simply that you did not have the required knowledge or intent that your actions were disturbing the peace. This defense could arise where you were not aware that anyone outside of your home could hear you.
Additionally, where you have been charged based on fighting or acting in a “seriously disruptive manner,” the overreaction of others present may be relevant. Not all disruptive behavior is seriously disruptive, so we may be able to establish, through interviews with witnesses, that you were not acting in a seriously disruptive manner.
Regardless of the situation, our firm will defend your misdemeanor disorderly conduct charges zealously, and we can assert a number of general criminal defenses as well. These include a Miranda rights violation, which applies if the police tried to trick you or force you into making a statement that is incriminating. In Arizona, such statements must be made voluntarily, so any improper “encouragement” leading you to make such a statement will make that statement inadmissible in court. This type of violation can also occur where the police failed to read you your Miranda rights upon your arrest.
Another common defense that may apply is denial of the right to counsel, in which the police do not allow you to speak to an attorney or ignore your requests to do so and continue questioning you. Our firm will also closely analyze police reports and procedure for forensic flaws, improperly administered tests, misleading or erroneous reports, or flawed photo lineups. The Law Offices of David Michael Cantor leaves no stone unturned, which has led to the firm being awarded the highest Martindale Hubbell® rating of AV®. All of the firm’s lawyers are listed in the Bar Register of Preeminent Lawyers®, and David Michael Cantor is a Certified Criminal Law Specialist per the Arizona Board of Legal Specialization. With many former prosecutors in the firm, DM Cantor has valuable insight to help you prevail.
If you are facing disorderly conduct charges, call the firm at (602) 737-2812 or use our secure, confidential contact form to set up a free consultation.