Disorderly conduct is another type of case that we’ve been handling at Alcock & Associates for a long time. Our firm has a wealth of knowledge and experience with these cases. A disorderly conduct charge can be very winnable, and if you contact our firm we can have a free consultation with you and discuss the best and most effective defense.
A lot of disorderly conduct cases involve fighting words (abusive or offensive language in a manner likely to provoke physical retaliation). The appellate courts have held that cussing at someone, “F— you. I don’t have to do what you tell me,” does not constitute fighting words. However they point out that similar behavior where an individual waved their arms for the crowd to join in and cause a disturbance WAS disorderly conduct. The law also says that racial slurs are fighting words. It is important that, if you or a loved one is charged with disorderly conduct, you consult with a lawyer. Our firm can help you to navigate through the sometimes confusing details of a disorderly conduct charge.
The intent, or state of mind, required to commit disorderly conduct is: intent to disturb the peace or quiet of a neighborhood. This is where a lot of disorderly conduct charges can fail. The team at Alcock & Associates can help you defend yourself against situations where part, or all of the crime of disorderly conduct cannot be proven against you. They will consult with you and advise you about your best resolution so that you can make the best decision for you in your case.
Disorderly conduct is a misdemeanor unless it involves the display or discharge of a weapon. It can have serious consequences if the alleged victim is a family member or someone you live with.
DISORDERLY CONDUCT 13-2904.
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:
Engages in fighting, violent or seriously disruptive behavior; or
Makes unreasonable noise; or
Uses abusive or offensive language or gestures to any person present in a manner likely to provoke immediate physical retaliation by such person; or
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
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
Recklessly handles, displays or discharges a deadly weapon or dangerous instrument.
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
Our staff of experienced attorneys, including many former prosecutors who know the other side of these cases, have had a lot of positive results for our clients. They are dedicated to getting you the best result possible, and they will work hard for you.
Our Criminal Defense Attorneys Can Explain Disorderly Conduct
Throughout the years, our law firm has had the responsibility and privilege of being able to have handled several hundreds of disorderly conduct cases in the state of Arizona. If you or a loved one have been arrested for disorderly conduct, we encourage you to contact our team of experienced criminal defense attorneys in order to have your questions answered.
In Arizona, disorderly conduct charges can be categorized into two types: misdemeanor and felony. Felony disorderly conduct cases involve the display or discharge of a weapon. Also, disorderly conduct may be charged as a more serious domestic violence offense if the situation in question involved a family member or someone you live with.
Below we have provided the Arizona Statute that corresponds with the section on disorderly conduct. Scroll down to learn more about how that law could be applied to you. If you would like to speak with an attorney about the details of your case, please feel free to contact us immediately in order to set up your free consultation.
How The Law Can Apply To You:
Our experienced and dedicated team of attorneys have won many disorderly conduct cases in Arizona. Our staff also includes attorneys who were previously prosecutors who understand and have insight on disorderly conduct statutes and in turn, how to best handle the charges in court. Given our effort and dedication, we have obtained many positive results for our clients.
Disorderly conduct is a serious criminal charge. It is important to keep in mind that every criminal case is different and will be treated differently in the eyes of the prosecution. In Arizona, disorderly conduct is defined very broadly. It includes a variety of actions that to many may not seem illegal in retrospect. For example, it is disorderly conduct to make any “protracted commotion directed at a lawful meeting.” Furthermore, the police do not uniformly charge people with disorderly conduct. We see cases where one person is charged with a felony and other similar cases where the individual receives a simple warning.
Are You Facing Prison Time?
Most of the people that have been charged with disorderly conduct do not face lengthy prison sentences. Although, even if there is no long prison sentence, a disorderly conduct conviction can have a tremendous long-term impact on the rest of a person’s life. These charges can have domestic violence designations. Felony disorderly conduct charges can result in long probation terms. As a result, it is always best to seek legal help to minimize the consequences.
Please contact one of our criminal defense attorneys to discuss the details of your disorderly conduct case. We offer a free consultation and can answer many of your questions right over the phone. Call us at 602-989-5000.
Defending yourself in a fight is justifiably excused behavior in Arizona, and we can help you with that defense. If you brought a gun to a fist fight -that could be a felony, and is something you’ll want to come in and talk to us about.
Yes. There are a lot of ways to defend this type of charge. For example, recklessly handling a weapon requires that the state prove that you were reckless, that you handled the weapon, and that you intentionally or knowingly disturbed the peace. Our attorneys can work for you and help you.
No, there are other resolutions that your attorney can seek. Your attorney can seek a resolution before trial such as an early dismissal or a favorable plea bargain. Our attorneys can guide you as to the best path for the best resolution among your options.
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