Disorderly Conduct in Arizona: ARS 13-2904
Disorderly conduct is a crime that covers a broad scope of behaviors, such as offensive language, physical altercations, excessive noise, and drug use. Also referred to as “disturbing the peace,” disorderly conduct is one of Arizona’s most common misdemeanor crimes.
It is also one of the most serious types of misdemeanors, potentially resulting in a hefty fine, probation, and even jail time. In some instances, disorderly conduct in Arizona may be charged as a class six felony.
If you are facing a disorderly conduct charge in Arizona, then you need the support of a disorderly conduct lawyer to help beat the charges against you. Our criminal defense attorneys at JacksonWhite can guide you through the legal system and build a case to defend you against a disorderly conduct charge.
Understanding Disorderly Conduct Charges in Arizona
Arizona Revised Statutes (ARS) § 13-2904 describes the crime of disorderly conduct as a person who intentionally disturbs the peace or quiet of a neighborhood, person, or family. ARS 13-2904 also lists behaviors that could result in a disorderly conduct charge which include the following:
- Engaging in fights, violent behavior, or seriously disruptive behavior
- Making unreasonable noise
- Using offensive or abusive language or gestures to a person in a manner that is likely to elicit physical retaliation
- Making a protracted commotion, display, or utterance with the intent to prevent a lawful meeting, procession, or gathering from taking place
- Refusing to obey a lawful order to disperse that is issued to maintain public safety in dangerous proximity to a hazard, fire, or another emergency
- Recklessly discharging, handling, or displaying a dangerous instrument or deadly weapon
Disorderly conduct is considered a catchall term for a wide range of criminal activities. For example, you could be charged with disorderly conduct in Arizona if you violate a noise ordinance, such as playing excessively loud music between the hours of 11 pm and 7 am in Phoenix.
Other common examples of disorderly conduct include getting into a fight with someone, being unnecessarily loud in a public space while intoxicated, pulling a fire alarm when there is not an emergency, and refusing to leave the scene of an accident after being directed by an official.
A disorderly conduct charge in Arizona is a class 1 misdemeanor and can come with a penalty of up to six months in jail and a maximum of $2,500 in fines if convicted. However, combined with additional circumstances, a charge can be more severe. Under ARS 13-2904, disorderly conduct that involves the use of a dangerous instrument or deadly weapon is a class 6 felony.
A class 6 felony in Arizona is the least severe type of felony and can result in up to $150,000 in fines and a jail sentence ranging between four months and 5.75 years, depending on past felony convictions and criminal charges. The judge may also require you to pay additional fees and possible restitution to any victims involved in the crime.
The Benefits of Hiring a Disorderly Conduct Lawyer
If you walk into the courtroom facing a disorderly conduct charge alone, you are at a disadvantage against an experienced prosecution team looking to secure a conviction and pin you with harsh penalties. Having a disorderly conduct attorney by your side can give you a valuable resource to turn to for guidance in navigating the difficulties of the legal system so you are not caught off-guard at any point in the process.
At JacksonWhite, our team is dedicated to seeking the best possible outcome for you in your case. We’ll use our extensive legal experience to advocate for you throughout every step of the legal process and defend you against harsh charges.
Working with our disorderly conduct lawyers offers the following benefits:
- Legal expertise – Our attorneys understand Arizona’s disorderly conduct laws, the potential defenses we can utilize to your benefit, and the legal procedures necessary for doing so.
- Rights protection—We protect your rights throughout the legal process, ensuring that you fully understand the legal protections for defendants and know how to use them to protect you.
- Defense strategy – Once we understand the specific circumstances of your case, we’ll develop a defense strategy that makes sense depending on the evidence we have.
- Negotiation skills – We have experience in thousands of cases, and we’ll use our skills to negotiate with the prosecution for potentially reduced charges or secure a favorable plea deal.
- Court representation – When you represent yourself in court, you run the risk of facing the harshest penalties under the law without a strategic defense, so an attorney can make a crucial difference.
- Stress reduction – By standing by your side throughout your case and giving you a knowledgeable partner to turn to, we’ll make navigating the legal system easier and alleviate your stress along the way.
- Sentencing advocacy – If you are faced with a conviction, an attorney can advocate for you to receive the most favorable sentence and avoid the harsh penalties the prosecution will attempt to pursue.
Our disorderly conduct attorneys will help you face the prosecution’s charges and build the best possible defense to protect you against the risk of harsh penalties. Contact our team at JacksonWhite to learn more about the benefits of having an attorney to support you.
Our Process for Handling Disorderly Conduct Cases
At JacksonWhite Law, we have a detailed process for handling disorderly conduct cases so we can put you in the best possible position to avoid a conviction or harsh penalties. Navigating the legal system is not easy, especially without years of legal experience, which is why our attorneys work with you to ensure you understand the charges you’re facing and your potential legal avenues for combatting them.
We begin each case with a free initial consultation that allows us to understand the unique circumstances of your case and the nature of the charges against you. During this consultation, we’ll listen to your account of the events and discuss the evidence presented so we can determine the best possible path forward.
From there, we take the following steps to help you build a strong defense and potentially defeat the charges laid out against you:
- Case assessment – We’ll evaluate the full details surrounding your case with a comprehensive case assessment that includes analyzing the police report, reading witness statements, and reviewing all available evidence.
- Client counseling – Our attorneys ensure that our clients are as prepared as possible for the legal process, offering guidance in navigating all necessary legal procedures and offering counseling on communicating with other parties in the process.
- Investigation – We’ll conduct a thorough investigation to gather a full understanding of the additional details of your case and build a stronger defense, including interviewing additional witnesses and gathering evidence.
- Legal strategy development – After understanding the details and circumstances of your case, we’ll develop a tailored defense strategy to pursue the best possible outcome and help you avoid harsh penalties.
- Pre-trial motions – When appropriate, our team will look for opportunities to submit pre-trial motions to strengthen the defense, such as a motion to dismiss or suppress evidence.
- Negotiations – Our attorneys will represent and guide you in negotiations with the prosecution to seek either reduced charges or more favorable circumstances with a plea agreement.
- Court representation – With the necessary information to defend you, we’ll represent you in court and advocate for you during all arraignments, hearings, and the trial itself.
- Defense presentation – By challenging evidence, cross-examining witnesses, and presenting evidence in your favor, we’ll present a detailed defense in court with the goal of defeating the charges against you.
- Post-trial support – If you receive an outcome you’re unhappy with, we’ll help you weigh and navigate your post-trial options, like filing an appeal or pursuing an expungement of your records.
Our team provides thorough support in all areas of the legal process to ensure that you are well-equipped to combat the disorderly conduct charges against you. Contact our attorneys at JacksonWhite Law to learn more about how we can help you build a defense to bring about the best possible outcome.
Legal Defenses to Disorderly Conduct in Arizona
Cases involving disorderly conduct can often be complex as defenses typically focus on the unavailability of evidence. The prosecution may also have difficulty finding reliable witnesses to testify against the accused, especially if the case is pursued after a lengthy amount of time.
In addition to lack of evidence, a criminal defense attorney may also recommend other legal defenses, such as the following:
1. Reasonable Doubt
A criminal defense attorney may recommend a legal defense of reasonable doubt if the prosecution has inadequate evidence to prove their case. Finding witnesses who will testify on the defendant’s behalf to discredit any evidence brought forward by the prosecution is ideal. Without concrete proof that a crime was committed, the court could dismiss the charges.
2. Freedom of Speech
Freedom of speech is another defense that may apply to disorderly conduct cases due to the First Amendment. However, this defense is only viable if it can be proven that the alleged crime should not have caused a reasonable person to react in a violent way.
For example, freedom of speech may be a suitable defense in a case where the defendant disrupted a meeting, gathering, or procession.
3. No Criminal Intention
In certain scenarios, the prosecution may need to prove that the accused had criminal intentions. In this situation, the defendant could possibly convince the judge or jury that they did not have the intention to commit a crime and that disorderly conduct was committed accidentally.
4. Self-Defense
Under ARS 13-404, a person can justifiably threaten another person or use physical force against someone else to protect themselves or a loved one from imminent danger. In addition, the law states that the threat or physical force used must be proportional to the extent or degree of the imminent harm.
In certain cases, a defendant could plead self-defense if they have evidence that proves that they or a loved one was in imminent danger when they committed the crime of disorderly conduct.
5. No Criminal Act
In some cases, a criminal defense attorney may recommend a defense of no criminal act, meaning that no crime was actually committed. Due to the broad and ambiguous nature of ARS 13-2904, an attorney could explain to the court that the disorderly conduct displayed was not severe enough to be considered a crime.
For example, if the charge focuses on the use of offensive language, an attorney could argue that the words used were rude but did not threaten or provoke another person.
Speak with a Criminal Defense Attorney in Arizona
Disorderly conduct is considered a serious crime in Arizona and should be handled by a qualified criminal defense attorney. If you have been arrested or charged with disorderly conduct in Arizona, you need an experienced attorney on your side to help you avoid the harsh penalties that can come with a conviction.
Our disorderly conduct lawyers at JacksonWhite Law will provide the support you need to build a strong defense against the prosecution and promote the best possible outcome given the circumstances of your case. Our team has decades of experience defending clients in the Phoenix metro and throughout Arizona against disorderly conduct charges.
Contact the dedicated team of criminal defense attorneys at JacksonWhite today at (480) 467-4370.
