Gilbert Disorderly Conduct Lawyer

Experienced Criminal Defense in gilbert

How Can Our Gilbert Disorderly Conduct Attorney Help You?

In Gilbert, Arizona, disorderly conduct charges, often referred to as disturbing the peace, can be broadly applied, sometimes in situations where they may not fit. Given the ambiguity of the law, disorderly conduct charges can be used in almost any scenario, especially when a police officer feels it’s necessary. At our law firm, we have helped many clients in Gilbert who’ve faced disorderly conduct charges along with other criminal accusations. Our team understands how often these charges are tacked onto other offenses, and we’re ready to help you defend your rights.

Why Could You Be Charged with Disorderly Conduct?

The Arizona law (ARS 13-2904) defines disorderly conduct as a broad array of behaviors that can often seem unclear or overreaching. The following actions are prohibited under the statute:

  • Engaging in a physical altercation or violent behavior that disrupts public peace.
  • Making unreasonable noise that disturbs others.
  • Using offensive or abusive language or gestures that may provoke immediate retaliation.
  • Creating disruptions at lawful meetings or gatherings, intentionally preventing them from continuing.
  • Refusing to disperse when ordered by law enforcement during an emergency situation.
  • Recklessly displaying or using a dangerous weapon or instrument in a way that causes public alarm.

What Are the Penalties for Disorderly Conduct in Gilbert?

Felony Disorderly Conduct

If charged with felony disorderly conduct due to the use of a dangerous weapon or other severe circumstances, you could face serious consequences, including up to two years in prison under ARS 13-702.

Misdemeanor Disorderly Conduct

Typically, disorderly conduct is classified as a class 1 misdemeanor, carrying the potential for a fine of up to $3600, up to six months of jail time, and up to three years of probation. If your disorderly conduct charge involves domestic violence, you could lose your right to possess firearms and be required to complete a state-mandated domestic violence program lasting 26 weeks.

If your charge is a felony involving a dangerous instrument, penalties become more severe, and prison time becomes more likely. First-time offenders may face 1.5 to 3 years in prison, while repeat offenders could be sentenced for up to 6 years. A felony conviction carries long-term consequences, including the loss of civil rights, and can significantly impact your future opportunities, including employment and financial stability.

What Is a Common Defense to Disorderly Conduct?

To be convicted of disorderly conduct, the prosecution must prove that you had the intent to disturb the peace or that you knowingly engaged in disruptive behavior. If you did not intend to cause a disturbance or were unaware that your actions could be perceived as disruptive, this could serve as a strong defense.

For example, if you accidentally made loud noises at night without realizing that neighbors could hear you, this may not meet the legal threshold for disorderly conduct. The court may also consider whether a reasonable person in your position would have known their actions could be disruptive. If your behavior was unintentional or a simple misunderstanding, you may be able to have the charges dismissed or reduced.

Not every argument, loud noise, or offensive remark is a crime. Disorderly conduct laws are not meant to punish people for simply being rude or for engaging in heated conversations. If your actions did not actually disturb the peace or create a public disturbance, your attorney may argue that no criminal act occurred.

Arizona courts have recognized that disorderly conduct laws must be applied narrowly and only in cases where the conduct is truly disruptive. If the prosecution cannot prove that your behavior met the legal definition of disorderly conduct, your case may be dismissed.

The U.S. Constitution protects your right to free speech under the First and Fourteenth Amendments. However, there are limitations to free speech—such as “fighting words” that incite violence. If your disorderly conduct charge is based on verbal statements alone, your attorney may argue that your words were constitutionally protected and did not meet the legal definition of fighting words.

For example, simply using profanity or expressing an unpopular opinion is not enough to warrant a disorderly conduct charge. However, if the prosecution argues that your words directly incited violence or an immediate breach of the peace, your attorney may need to challenge this claim in court. Courts have ruled that only words that are inherently likely to provoke an immediate violent reaction can be considered disorderly conduct.

How Canyon State Law Can Help

When you hire our legal team, you’ll benefit from:

  • Transparent Pricing and Payment Plans: We strive to keep legal costs clear, ensuring no surprises. Our flat fees and flexible payment plans aim to ease the burden during a stressful time.
  • Personalized Attention and Communication: We use a collaborative approach for every case. We believe that the relationship between our attorneys and the prosecutors or judges involved can significantly influence case outcomes.
  • Thorough Case Evaluation: We’ll carefully assess the facts surrounding your disorderly conduct case. We pride ourselves on only taking cases where we believe we can make a meaningful difference.

If you’re facing disorderly conduct charges in Gilbert, our team is ready to help you build a defense. Call us today for a consultation, and let’s discuss your case in confidence.

Call (480) 908-9462 or Complete the form to Schedule A Free Confidential Consultation

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