Disorderly conduct in Arizona can be charged as either a misdemeanor or a felony. What it is charged as will depend on the specifics of the case and can significantly impact the penalties for disorderly conduct.
If you’ve been charged with disorderly conduct, a Phoenix criminal defense lawyer can help with your case.
What is Disorderly Conduct?
In Arizona, disorderly conduct refers to behavior that intentionally disturbs the peace. This can include fighting and recklessly handling or discharging a weapon alongside verbal actions like yelling or using abusive and offensive language. Your attorney will help you understand the charges against you.
Is Disorderly Conduct a Misdemeanor or Felony in Arizona?
Whether disorderly conduct is charged as a misdemeanor or a felony in Arizona depends on the circumstances of what happened. Under ARS 13-2904, if a dangerous instrument or deadly weapon was not involved, most disorderly conduct charges are classified as misdemeanors.
If a deadly weapon or dangerous instrument was involved, then it will typically be classified as a Class 6 felony. It’s important to note that if the disorderly conduct involves spouses or family members, it may be charged as domestic violence as well.
What Are the Penalties for Disorderly Conduct in Arizona?
The penalties for disorderly conduct in Arizona are serious. They will also depend on whether the disorderly conduct charge is a misdemeanor or a felony.
Disorderly Conduct Penalties (Misdemeanor)
As a misdemeanor offense, the penalties can include:
- Up to six months of jail time.
- Up to $2,500 in fines.
- Up to three years of probation.
- Community service.
- Restitution to the victim(s).
- Mandatory counseling.
Disorderly Conduct Penalties (Felony)
As a felony offense, the penalties for disorderly conduct can include:
- Up to two years of jail time for a first-time offender, or up to three years for a repeat offender.
- Up to $150,000 in fines.
- Loss of the right to own firearms.
- Impacts on jobs, house-buying, and immigration status.
If there are domestic violence charges as well, then there may be additional penalties.
How Will the Prosecutors Build Their Disorderly Conduct Case Against You?
The prosecutors will need to prove that you intentionally or knowingly disturbed the peace. To do so, they will gather evidence, such as:
- Eyewitness testimonies.
- Audio and visual recordings of the incident. These may include security camera, bodycam, or cell phone footage.
- Physical evidence.
Proving that you acted intentionally is often one of the biggest hurdles for a prosecutor. This is often what a strong defense can be built around.
What are Common Defense Strategies in Disorderly Conduct Cases?
Even when there is compelling evidence, your lawyer can still build a strategic defense for you. Some common defenses are:
- Lack of intent. For instance, if your actions were involuntary.
- The incident occurred on private property. In some cases, whether the area was public is an important distinction.
- Self-defense.
- First Amendment rights in cases where the disorderly conduct was something you said.
- No unreasonable disturbance. In disorderly conduct based around a noise complaint, you may be able to argue that the noise didn’t reach the level of an unreasonable disturbance.
How Can a Lawyer Help With Your Case?
If you’re facing a disorderly conduct charge, you’re likely worried about your future. A lawyer takes on the legal process so that you can have peace of mind that your case is in good hands. Your lawyer can:
- Build a defense that is tailored to your specific case.
- Gather evidence that supports your defense.
- Analyze the prosecution’s evidence.
- Represent you in court.
- Negotiate plea deals or advocate for a lesser charge or sentence, when necessary.
Your attorney may be able to advocate for a misdemeanor rather than a felony charge, which can have a significant impact on the amount of jail time and other penalties that will apply to your case.
Your lawyer also serves as your support throughout the process. They will answer your questions, address concerns, explain the process, and keep you updated at every step of the case.
What Should You Do If You are Arrested for Disorderly Conduct?
Taking the following steps can help protect your legal rights and your defense. You should:
- Stay calm. Do not argue with arresting officers or act aggressively.
- Do not try to excuse yourself or explain your side of the story. These statements can be used against you.
- Ask to contact a lawyer.
- Invoke your right to remain silent.
- Follow any conditions for bail or other legal restrictions that are placed on you.
- Follow the legal guidance of your lawyer.
Contact a Phoenix Criminal Defense Lawyer Today
Disorderly conduct can be charged as either a misdemeanor or a felony in Arizona, depending on the circumstances of your case. If you or a loved one are facing a disorderly conduct charge, Suzuki Law Offices can help.
Our team includes former prosecutors, so we have unique insights into how the prosecution builds its case. We’re also available 24/7, even on weekends, so that you can always get in touch when you have questions or concerns about your case.
We treat every client with the respect and compassion that they deserve. Reach out to us today to schedule a free case evaluation. We can listen to your story and discuss your next legal steps.
Call or text (602) 682-5270 or complete a Free Case Evaluation form