Disorderly conduct, also referred to as disturbing the peace, is very common in Arizona. This law is kind of a catch-all for disruptive behavior. In particular, if a police officer is annoyed with you, he or she will often arrest you for disorderly conduct. Whether you were disrupting your neighborhood with a loud party, or arguing with someone in public-the charge is the same. However, the circumstances do affect how severe your possible sentence could be if you are found guilty.
Tempe Disorderly Conduct Defense Lawyer
Disorderly conduct is a very subjective charge, and for that reason we can often fight the charges and claim the alleged disruptive behavior is overstated. If you are charged with disorderly conduct, we can help you fight the charges, get a dismissal, reduction, or other positive outcome. The Law Office of James E. Novak represents men, women, and youth in these charges throughout Maricopa County, AZ. This includes Phoenix, Mesa, Tempe, Scottsdale, Chandler, Gilbert, and nearby areas.
Call (480) 413-1499 or send an online message today to begin discussing your unique situation with James E. Novak. As a former prosecutor, he is understands many of the strategies that the opposition will attempt to use against you. Additionally, a Masters in Counseling and a technical degree give him strong understanding of much of the evidence that is often key in the prosecution's case. Contact the Law Office of James E. Novak to explore your legal options after an arrest for disorderly conduct.
Possible Reasons for Disorderly Conduct Charge in Arizona
There are a number of circumstances that may warrant a disorderly conduct charge:
- engaging in fighting or seriously disruptive behavior
- making “unreasonable” noise
- using abusive or offensive language to try and provoke someone
- making a commotion to disrupt business
- refusing to leave an area as directed by officials (i.e.: the scene of a fire or emergency)
- recklessly handling or displaying a firearm. Any of these must be done with intent to disturb the peace of a neighborhood, family, or persons.
Penalties for Disorderly Conduct under Arizona Revised Statutes
In most situations, disorderly conduct is a class 1 misdemeanor. Class 1 misdemeanors are the highest level of misdemeanor in the State of Arizona. They carry a potential of up to 6 months in prison and fines of $2,500.
If you are charged with disorderly conduct involving a firearm, you are facing class 6 felony charges. Felony disorderly conduct carries a maximum penalty of one year in prison and a conviction would label you as a convicted felon, which is something that will follow you forever.
Arizona Revised Statute § 13-2904. Disorderly conduct; classification
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.
Law Office of James E. Novak | Disorderly Conduct Lawyer in Mesa, Maricopa County, AZ
If you have been charged with disorderly conduct in Phoenix, Mesa, Tempe, Chandler, Gilbert, or another Maricopa County community, it's important to consider your legal options. Even if you do not think the case is serious or strong, you should not take risks. The Maricopa County criminal justice system is not known for its leniency and a conviction on your record can greatly impact your future. Contact James E. Novak to learn about potential defense strategies.