What Is Disorderly Conduct in Arizona?
Arizona Revised Statutes (A.R.S.) §13-2904 defines disorderly conduct very broadly. In essence, you can be charged with disorderly conduct in Arizona if you in any way disturb the peace. A.R.S defines disturbing the peace by:
- Engaging in disruptive behavior;
- Using abusive or offensive language;
- Making any sort of loud commotion;
- Refusing to obey a lawful order;
- Recklessly handling, displaying, or discharging a deadly weapon or dangerous instrument.
If charged with disorderly conduct in Arizona, A.R.S. allows the State to charge you with either a class one misdemeanor, the most severe type of misdemeanor in Arizona, or a felony. If charged with misdemeanor disorderly conduct, the maximum penalties are six months in jail, a fine of $2,500, and three years of probation. If charged with felony disorderly conduct, you are facing up to two years in the department of corrections, three years probation, and a $150,000 fine.
Charges Related to Disorderly Conduct
When charged with disorderly conduct in Arizona, you will often be facing additional criminal charges as well. Disorderly conduct is a “catch-all” charge due to its broad definition and subjective nature. For example, Disorderly conduct is commonly charged in instances of domestic violence, assault, criminal damage, and other acts that can be considered as “disturbing the peace”. All of these additional charges are violent by nature, and thus are also within the definition of “disturbing the peace”.
Given that these other charges have their own severe criminal penalties, disorderly conduct adds to the severity of the consequences you can be facing. The attorneys at the Law Offices of Brandon White have years of experience in successfully defending our clients of not only disorderly conduct charges, but the underlying charges as well.
Disorderly Conduct and Domestic Violence
There are multiple ways in which an act falls under a domestic violence classification in Arizona. A domestic violence enhancement can be added if the parties are: married, live or have lived together, have a child together, the victim is pregnant with the Defendant’s child, have or have had a romantic or sexual relationship, or have any sort of familial relationship. Almost all domestic violence cases involve a disruption of the peace. Meaning, if you are charged with domestic violence in any form, you can also be charged with disorderly conduct.
After you are arrested, you will be brought before a judge within 48 hours of your arrest. At that time, the Judge will impose conditions of release or hold you without bail. If you are given conditions of release, the judge will commonly issue a no-contact or protection order. The purpose of the protection order is to prohibit contact between the parties. This protection order either limits or completely bars any contact, physical or electronic, between the parties while the case is pending.
A violation of the protection order imposed by the Court will result in additional consequences, penalties, and potentially a new felony charge.
Arizona Disorderly Conduct Penalties
If convicted of disorderly conduct in Arizona, your sentence can differ based on whether you are convicted of a misdemeanor or felony.
The Arizona penal code classifies misdemeanor disorderly conduct as a class one misdemeanor. In Arizona, a class one misdemeanor is the most serious classification of a misdemeanor. You can be convicted of misdemeanor disorderly conduct if you “disturb the peace” in any way without using a deadly weapon or dangerous instrument. The maximum penalties for a misdemeanor disorderly conduct conviction are:
- Six months in jail;
- $2,500 fine; and
- Three years of probation.
A felony disorderly conduct conviction is a class six felony. You can be convicted of felony disorderly conduct if you recklessly handle, display, or discharge a deadly weapon or dangerous instrument. The maximum sentence for a felony disorderly conduct conviction in Arizona is:
- Two years in the department of corrections
- $150,000 fine; and
- Three years of probation.
Speak with an Arizona Disorderly Conduct Attorney Assisting Phoenix Residents
If convicted of a misdemeanor or felony disorderly conduct, there are severe consequences that can follow you for the rest of your life. If you have been charged with disorderly conduct, call the Law Office of Brandon White for a free consultation!
The attorneys at the Law Office of Brandon White have a wealth of experience in defending against a vast amount of criminal charges, including disorderly conduct. All our defense attorneys are former police officers or prosecutors an experience not a lot of other criminal defense firms have. Our Phoenix disorderly conduct lawyers are here to help and investigate all aspects of your case to obtain the best resolution possible and help get these criminal charges behind you.
Arizona Disorderly Conduct Defense Strategies
Each disorderly conduct allegation stands on its own set of circumstances. There is no “cookie cutter” or “one size fits all” defense strategy that applies to all disorderly conduct allegations. The Law Offices of Brandon White pledge to conduct a thorough and complete investigation of your case. Our attorneys will request:
- All police reports;
- Witness statements;
- Any and all recordings or photos of the alleged incident; and
- All other documentation created by law enforcement for your incident.
After analyzing the evidence requested from the prosecution, our attorneys can identify if:
- There is a lack of evidence supporting the charge;
- If the police violated any of your constitutional rights; and
- If you were legally justified in taking any actions, including self-defense.
With this information, the attorney will be able to analyze the case in full detail and identify any flaws in the police investigation or report that was made. This will allow our attorney to create a defense strategy that is tailor made to your case.
Why Choose Our Disorderly Conduct Law Firm in Phoenix, Arizona?
If facing a disorderly conduct charge in Arizona, it is likely you are searching for the law firm that will help and represent you the best. The Law Offices of Brandon White is the right choice for you.
- All members of the Law Offices of Brandon White, not just the attorneys, will be with you at each step of the court process. Our firm strongly believes transparency and communication is the best way to keep you updated and ensure you understand what is happening at each stage of the court process.
- Our firm is dedicated to ensuring all clients are advised of, and understand, the progress and updates regarding their cases. Our office will explain the purpose and outcome of each court hearing to make sure you are not “in the dark” as to what is happening.
- Our attorneys have a wealth of experience in a multitude of criminal matters. All of our attorneys are former prosecutors or police officers. Our attorneys know what type of evidence prosecutors look for in prosecuting disorderly conduct.
Our Best Gilbert Disturbing the Peace Lawyers
Brandon White-Brandon is the founding partner of the Law Offices of Brandon White. Brandon is a former State Trooper and has a wealth of legal experience in criminal matters.
Ahmed Islam-Ahemd is a former prosecutor and has successfully defended against multiple disorderly conduct charges.
Nick Spare-Nick is a former prosecutor who also has a wealth of criminal law experience in defending against disorderly conduct charges.
Regular Phoenix DUI or DWI
A regular DUI is considered driving with a BAC of 0.08-0.14% or driving with a controlled substance in your bloodstream.
- Undergoing a substance abuse screening assessment;
- Completing substance abuse treatment program;
- Serving 10 consecutive days in jail and payin g jail costs;
- An additional 9 days in jail will be suspended if the substance abuse program is completed;
- $250 fine plus any surcharge;
- $500 State Prison Construction and $500 State General Fund payments.