Disorderly Conduct Charges

Disorderly conduct charges under ARS § 13-2904, also called disturbing the peace, is a criminal offense. You might think that it isn’t all that severe since it is “just” a misdemeanor. But all criminal charges need to be taken seriously.

Disturbing the peace can be charged as a felony in certain circumstances. In Arizona, felonies — and misdemeanors, too — stay on your record effectively your whole life. It is, therefore, essential to fight a disorderly conduct charge.

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The Misdemeanor Disorderly Conduct Charge

A conviction for disorderly conduct requires intent. The person must have the objective to disturb the peace or quiet of a neighborhood. They must also “know” or be aware of what the result of their conduct will be. It does not require, though, that the person know that their actions are against the law, and in fact, that is never a defense. Elements for a misdemeanor disorderly conduct conviction include:

  • Fighting or violent, disruptive actions;
  • Making enough noise to disturb a reasonable person;
  • Using abusive or offensive language to the point of causing someone to retaliate;
  • Making a commotion to interrupt a meeting, gathering, or procession intentionally; or
  • Refusing to follow lawful orders to disperse for the sake of public safety.

Disorderly conduct is a rather general term. What might be acceptable behavior under one set of circumstances can be a crime under other conditions.

Typically, conduct charged as a crime caused someone alarm, annoyance, or anger. But a prosecutor does not have to show that anyone was frightened or alarmed. It is only necessary to show that a “reasonable person” would have been, unless they allege specifically that one person was disturbed.

Felony Disorderly Conduct Charges

Disorderly conduct might seem like a minor charge. But a misdemeanor conviction can follow you for the rest of your life. A felony has even more dire consequences, and one classification of disorderly conduct is a felony.

What turns a disorderly conduct charge into a felony is using a deadly weapon or harmful instruments like guns or knives.

Subsection A6 of ARS 13-2904 addresses conduct charged as a felony. Such conduct involves a deadly weapon or dangerous instrument that is intentionally and knowingly:

  • Handled recklessly;
  • Displayed; or
  •  

A felony conviction can drastically alter your life. A first-time conviction can result in four months to two years in prison, fines up to $150,000, and victim restitution.

Being charged with a disorderly conduct charge does not mean you will be convicted. The best way to address a disorderly conduct charge begins by contacting a knowledgeable, experienced, and skilled criminal attorney.

Consequences Can Extend Beyond Sentencing

Penalties for a criminal conviction are like a bad movie. The sequel can be many times worse. Living with a criminal record can mean running into roadblocks for advancement and opportunity, including closed doors to:

  • Particular jobs, industries, or professions
  • Academic or educational programs
  • Some types of governmental assistance
  • Owning or possessing a firearm
  • Voting or holding public office

Suppose you are charged with disorderly conduct, whether a misdemeanor or a felony, you have legal protections and defenses available. Contact Attorney Omer Gurion to schedule a FREE consultation.

Challenging a Disorderly Conduct Charge

The disorderly conduct law is broadly worded. Some say this can lead to abuse in its application. If it does, there is a good chance of mounting a successful defense. Often there is nobody to testify against the accused.

For example, in a domestic situation, events may have initiated a misunderstanding. In such a case, after the arrest, those involved lose interest in seeing the case proceed.

Disorderly conduct laws came about in the nineteenth century to help police reduce street clashes. But the law is a tool to help keep the peace in various situations.

Whatever that situation, it is up to a peace officer to decide what is or is not disorderly conduct. They have a lot of discretion in arresting someone for disorderly conduct.

As noted above, one of the elements of the crime of disorderly conduct is the use of abusive or offensive language to the point of causing someone to retaliate.

Speech is expressive conduct. So, whatever you say in public is protected, right? That is correct — to a point. Talking trash to the police may not get you arrested. If it does, you may have a good First Amendment argument to have the charge dropped.

Assume you have been charged or arrested for misdemeanor disorderly conduct. In that case, you should meet with a criminal attorney as soon as possible to discuss your case. A skilled attorney will make sure that a complete and exhaustive defense on your behalf is prepared and achieved, including:

  • Ensuring you are treated fairly and respectfully throughout the process
  • Seeing to it that your constitutional rights are protected
  • Collecting all evidence
  • Identifying weaknesses in the prosecution’s case

In short, your Phoenix disorderly conduct attorney will mount a vigorous and complete defense. As the saying goes, we’re in it to win it. The objective is to achieve the best outcome possible by having the case dismissed or the charges or sentence reduced.

Example Situations Leading to a Disorderly Conduct Charge

People get charged with disorderly conduct in various circumstances. Some get charged after getting into arguments, and someone else calls the police. These are often situations that don’t require police involvement. But if called, the police are likely to make an arrest.

A Night on the Town

Sometimes the victims of others get charged with disorderly conduct instead of the people who started the trouble. For example, people get arrested for disorderly conduct after a bouncer kicks them out of a bar for seemingly harmless behavior. Situations escalate, and the security people may be more to blame than the person arrested. The police may perform little to no investigation. It then falls on prosecutors and courts to figure out later.

Unless challenged, this wrong can result in innocent people having to go through the legal system. Without the defense of an experienced attorney, the risk of a criminal conviction, even though not your fault, is a real possibility.

Domestic Relations

A familiar scenario is when people get charged for fighting or making noise. That often happens within a domestic setting. A couple or group of friends will get into an argument, and a neighbor or another person calls the police.

In most cases like this, the dispute or disagreements are temporary and do not require police involvement. But again, when they arrive at what may be designated a domestic dispute, someone may be arrested.

What Happens After a Disorderly Conduct Arrest?

The Judge can set release conditions, like not returning to the scene where the disorderly conduct supposedly happened. Such an order can be highly disruptive, especially if the person cannot return to their residency. Until the order is modified, the person may have to stay elsewhere.

Suppose the case did not involve a domestic dispute. In that case, the person arrested may be released sooner but told not to return to the scene. They will then receive a new court date in approximately 30 days.

Police may do little to investigate and may even aggravate situations. The tendency is to let the prosecutor and the court deal with it.

In domestic cases, the person arrested for disorderly conduct will spend several hours or the night in jail before seeing a judge.

What to Expect in Court for a Disorderly Conduct Charge?

The same criminal procedure controls a misdemeanor disorderly conduct as any other case. The first court date is usually an arraignment where the Judge explains the charge and the defendant makes a plea of guilty or not guilty.

Assume the defendant pleads not guilty. Then the case proceeds. But if the defendant pleads guilty, the case closes, and there is no opportunity for providing a defense.

Next is usually a Pre-Trial Conference. Here, the prosecutor and the defense meet in court to discuss issues surrounding the case.

For example, your attorney requests everything the prosecutor has concerning the charges. In a criminal case, the defense has a legal right to access this material, including:

  • Police reports and the arresting officer’s notes
  • All witness statements
  • Any dashcam or bodycam footage
  • Any available surveillance camera footage
  • 911 call recordings
  • Any seized and impounded phone messages, text messages, voicemails
  • Any jail videos

The bottom line is never put yourself in a position to feel that you have no recourse. That won’t happen with attorneys experienced in handling misdemeanor disorderly conduct cases. Getting representation needs to be the priority.

Speak with Gurion Legal Today to Fight a Disorderly Conduct Conviction

Don’t face a disorderly conduct charge alone. To get more information about Gurion Legal, go online to https://www.gurionlegal.com/ or call (480) 800-0020 now.

What People Say

Client Testimonials

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Well, we aren’t finished yet, but already Mr. Gurion has displayed tolerance, patience, and truly gifted knowledge in his advice and guidance for me in regard to a criminal case that is already complicated but made more frustrating, at best, by my conduct (FTA x 2) thus far. On top of that, he brings with him a genuine swagger when entering the courtroom which shows in his actions and ability to to have an amazing working relationship with the prosecutor and judge alike. I’m am truly grateful to have had this gentleman appointed to represent me. Thank You Omer, you have already blessed me more than you could ever know.

Timothy

We just finished working together after receiving the verdict that we wanted, and I must say that Omer is highly skilled in the court room and very knowledgeable of the law. He was very patient with me every time we met and thoroughly answered all my questions. He was able to adjust his schedule to accommodate me as well as personally represent me at each court hearing that was requested. He communicated quickly and effectively to me and made sure I had a complete understanding before asking what I wanted to do next. Omer was very aggressive, as this case was extremely important to me and I am very fortunate to have had him represent me, thank you Omer!

Tanner

I worked with Omer for five years. He is always professional and ready to advocate for his clients. He is incredibly knowledgeable on the law and finds creative solutions for complex problems. I would highly recommend Omer Gurion for any criminal case.

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Omer Ramiro is top notch criminal defense and is very good at what he does. Omer approached my case weighing out every scenario and fully explaining to me what may or may not happen along the way. He really put me at ease during a trying time in my life and applied the right finesse to get me a very acceptable pla that would have been impossible to get on my own. Truly a great outcome for me and I’m very relieved. Bottom line hes very good and would ask for him by name. I specifically did not initially seek out Omer Ramiro but went to a very respected law firm for representation in a criminal charge against me. I was assigned Omer and I’m very glad for this and would recommend him to anyone needing help. Aside from being good at his job hes actually quite a nice guy also. A+++

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anonymous

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September 23, 2019

I was really in trouble and I wentto Rosenstain Law firm because of it was close by my home. Then I met with Omar and he checked my case and told me all of the things gonna happen . However, he trusts himself a lot which is very important for me. First when I received my warrant he directed me very well and took me out of the jail in 2 hours and reduced the bail from 25 k to $500. And at the end case was dismissed. He always believed me and did his best. I am so sad that I did not meet him before. I would highly recommend to work with him because you can just trust him and don’t keep your mind busy with court. He will do anything for you, and he knows what he is doing very well. I appreciate for all of his afford and making my case so easier.

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Samantha Knobbe

Omer is an excellent lawyer. He is known in the legal community as a skilled and prepared attorney. He is a fierce advocate for his clients.

Samantha Knobbe

Criminal Defense Attorney

One of the best criminal defense attorneys available. Incredibly knowledgeable, compassionate and communicative. Would absolutely recommend for any of your criminal defense needs. One of the best litigators with a client-centered focus. 10/10

Shannon McShay

Everyone at this firm is amazing Lisa is one of the strongest and nicest females on this planet and we need more of those, Omer doesn’t take the easy way out and fights FOR YOU, for a small growing firm they are the best in the business hands down, I have never had to deal with lawyers and attorneys before but I’m glad that this was my experience, having Gurion represent me was the best thing ever and we came out on top thank you guys again for everything!

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