Disorderly Conduct Arizona

The most common charges for disorderly conduct, or disturbing the peace, occur where a person engages in reckless or unreasonable conduct such as fighting, being noisy, and using provocative language or behavior at another person. 

An example of such conduct is an argument that occurs at someone's home and the neighbor calls the police to report the fight. Another example is where a group of friends goes out on the town and someone drinks too heavily and starts causing a commotion and making a lot of noise. 

There are often several issues with these types of cases such as how do you define what unreasonable noise is, what is seriously disruptive behavior, or what is offensive language that is sufficiently provocative to elicit a physical response by another person? Many of the terms used in the statute are very broad. Unfortunately, the police do not go out of their way to investigate the underlying cause of a disruption or determine who is at fault in an altercation. It is not uncommon for people to end up getting arrested who feel they were not necessarily in the wrong but have no choice other than to defend themselves in court after charges are ultimately brought. Disorderly conduct Arizona lawyer Dave Smith is prepared to advise you and defend your case.     

There are other circumstances which give rise to disorderly conduct charges under A.R.S. 13-2904: 

A. 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:

1. Engages in fighting, violent or seriously disruptive behavior; or

2. Makes unreasonable noise; or

3. Uses abusive or offensive language or gestures to any person present in a manner likely to provoke immediate physical retaliation by such person; or

4. 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

5. 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

6. Recklessly handles, displays or discharges a deadly weapon or dangerous instrument.

If conduct involved a firearm as described in section 6 above, it is a class 6 felony offense. A class 6 felony carries with it serious consequences such as a permanent felony record and having your firearm rights suspended.  

Class 1 Misdemeanor in Arizona Penalties

If charged under sections 1-5 above (not involving a firearm), the offense is a class 1 misdemeanor. There are three classes of misdemeanor offenses in Arizona, with the first class being the most severe. A class 1 misdemeanor conviction is punishable by:

• Jail: 6 months maximum
• Fines: $2,500 maximum
• Probation: 5 years maximum 

Class 6 Felony in Arizona Penalties

If charged under section 6 above, it is a class 6 felony offense. A class 6 felony conviction is punishable by:

• Incarceration: 1-year presumptive sentence 
• Probation: potentially eligible depending on the person's criminal history
• Fines: an amount decided by the court not to exceed $150,000

A felony conviction also carries many collateral consequences that can seriously disrupt a person's life. For example, a criminal conviction is permanent in Arizona and can be used against you for future prosecutions, it can cause a person to be fired from their job, become ineligible for public benefits and higher education opportunities, and causes the loss of your civil rights. 

The stakes are high for a conviction for any criminal offense, including a misdemeanor since a criminal record is permanent and causes lasting consequences. It is important to contact a criminal defense attorney skilled in defending disorderly conduct. Contact Scottsdale lawyer Dave Smith today for a free consultation.