Disorderly Conduct Offenses: Law, Penalties, and common defenses used to challenge disorderly conduct charges
DEFENDING DISORDERLY CONDUCT CHARGES Defenses good Disorderly Conduct Attorneys in Phoenix, AZ use to fight your disorderly conduct charges Disorderly Conduct Charges Phoenix, AZ Phoenix Disorderly conduct charges are often referred to as “disturbing the peace”. If you have been arrested or charged with any disorderly conduct charges in Phoenix, AZ, you should consult an Arizona criminal defense attorney or disorderly conduct defense attorney as soon as possible to discuss your charges and defense options.
Some of the best disorderly conduct Attorneys in Arizona agree that this offense is over used and is often charged when the Phoenix police when they can’t find anything else to charge you with, and they are annoyed with you. From a defense standpoint, the facts of the alleged “disorderly conduct” is over stated or exaggerated by law enforcement or police who arrested you or charged you for it.
There are a number of behaviors that the Phoenix Police view as disruptive behavior and that will lead to charges or arrest for disorderly conduct in Phoenix, AZ. These can include, but are not limited to the following intentional acts: Fighting with others or engaging in combative behavior; Making “unreasonable” noise; Cursing, loud, abusive, or offensive language to another person for the purpose of provocation or other reason; Engaging in behavior that disrupts business operations; Refusing to leave an area as directed by officials (for instance: the scene of a fire or emergency); Recklessly handling, or displaying a firearm or other dangerous weapon to intentionally provoke, intimidate, or make someone fear that harm to them is imminent.
The disturbance may be reported to the police due to the disruptive, loud, or intimidating behavior by family, friends, co-workers, groups, neighbors, business owners, business patrons, or other entity. In many cases, the police are already on the scene for another matter, other violations, and simply become annoyed with you.
Arizona Disorderly Conduct Laws If you were charged or arrested in Phoenix Arizona, your charges will fall under the authority of the Arizona laws. Disorderly Conduct in Arizona can be found beginning under Revised Statutes – A.R.S. Arizona Disorderly Conduct Law 13-2904. Disorderly conduct.
Phoenix Disorderly Conduct Penalties Generally a disorderly conduct misdemeanor charge is categorized as a Class 1. A Class 1 misdemeanor is the highest level of misdemeanor (just below a felony) under Arizona Law. Sentencing may include up to 6 months incarceration in prison, and fines of $2,500.
Depending on the circumstances, a basic, disorderly conduct charge with no aggravated factors do not justify punishments of the maximum sentence. However, no any disorderly conduct conviction may include jail time, probation, fines, fees, and other penalties the judge deems appropriate including counseling and community service. Disorderly conduct charges that include use of a firearm or other dangerous weapon will elevate the charge to a class 6 felony.
Felony disorderly conduct convictions carry a maximum punishment of one year in prison. You would also possess a criminal record which labels you as a convicted felon. Penalties less than the maximum may include jail, probation, fines, fees, counseling, and other penalties the Arizona judge deems necessary based on your circumstances.
Phoenix AZ Disorderly Conduct Defenses Below are just some defense strategies that a criminal defense attorney who (defends disorderly conduct charges in the Phoenix Arizona Court may use to build your defense case. This list is not all inclusive:
1)You were attempting protect someone against harm or injury, who was unable to protect themselves;
2) Wrong person charged (this often applies when groups of people or multiple persons are involved in civil assemblies that turn violent) ;
3) No witnesses, No evidence, no video, audio, or other evidence to prove you displayed disorderly conduct;
4) You acted under threat, provocation or intimidation;
5) The evidence, audio or video disproves or contradicts police allegations
6) Police brutality;
7) No other justifiable reason for charges, other than the police officer was annoyed with you;
8) You were exercising your right to “free speech” under the Constitution in an approved location, in an appropriate, orderly and peaceful fashion;.
9) The police were not aware you suffer from a physical or mental impairment that caused you to appear to have “a bad attitude”, with no proof or other justification;
10) Actions were in self – or in defense, defense of home, property, or family
11) Violations of Your Arizona State or U.S. Constitutional Rights;
12) Objective witness statements overwhelmingly contradict the police officers statements;
13) The police officer has a history of disciplinary actions in similar circumstances.
14) Someone else started the altercation;
15) Your actions were not committed “with intent to disturb the peace or quiet of a neighborhood, family or person or with knowledge of doing so…” as required by A.R.S.
13-2904. Disorderly conduct; Phoenix Disorderly Conduct Attorney A good Phoenix AZ criminal defense or disorderly conduct attorney will conduct a thorough investigation of all the facts to determine if the charge was justified or not. In many cases there will be flaws or weaknesses in their case. This offense is often used as a “catch all” excuse for the police to subdue, charge, or arrest you. It is usually very subjective in nature.
As a result, a good Arizona disorderly conduct or criminal defense lawyer in Phoenix Arizona will attempt to find flaws and weaknesses in the prosecution’s case, and present compelling arguments in your defense. Retaining an experienced Arizona disorderly conduct attorney will greatly increase your chances of getting your disorderly conduct charges dismissed, reduced, or otherwise the best outcome in your case.
If you have been arrested for DUI or criminal charges in Maricopa County contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Arizona criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor).
The Law Office of James Novak is devoted to defending DUI, Drug & criminal charges in Arizona, valley wide within Maricopa County including the cities of Phoenix, Chandler, Scottsdale, Mesa, Gilbert and Tempe Arizona. This post was intended to provide general information only and is not intended as specific legal advice. You should not rely upon this information alone, but should consult legal counsel regarding the application of the laws and regulations discussed and as applied to your specific case or circumstances.
