Many in Mesa, Arizona, refer to this as disturbing the peace. The disorderly conduct charge can be abused by police daily and can be used in just about any circumstance due to the broadness of the way the law (or statute) was written. Many times, our Mesa disorderly conduct attorneys at Canyon State Law find that the Mesa Police Department will include a disorderly conduct charge with just about any other criminal charge.
The law or statute ARS 13-2904 prohibits the following types of conduct. As you can see, many of the behaviors below are broad and have been used to unnecessarily arrest Mesa, Arizona residents:
When charged with disorderly conduct involving a deadly weapon or dangerous instrument, it’s a class 6 felony with a maximum of 2 years of imprisonment (see ARS 13-702).
Unless the charge involves a deadly weapon or dangerous instrument or is aggravated, disorderly conduct is a class 1 misdemeanor. A class 1 misdemeanor carries $3600 in fines and surcharges, up to 6 months in jail, and a maximum of 3 years of probation. Should you be convicted of domestic violence disorderly conduct, you will most likely lose the right to own or possess firearms and must complete at least 26 weeks of the State’s mandated domestic violence program.
As Criminal Defense Lawyers in Mesa, AZ, we know that felony convictions include more severe punishments, including prison, higher fines, and harsher probation. Someone charged with disorderly conduct could face up to two years in prison if the felony disorderly conduct is charged as a dangerous offense. However, oftentimes, felony disorderly conduct is charged with an allegation of dangerousness because a deadly or dangerous instrument was used. When convicted of felony disorderly conduct, probation is not allowed. Should it be your first offense of dangerous disorderly conduct, you possibly will face between 1.5 and 3 years in prison. However, if you have a record of felony convictions in the past, you could face as much as 6 years in prison. Once convicted of a felony in Mesa, you will face a loss of civil rights and gun rights. We have seen felony convictions severely impact employment, finances, civil rights, and future opportunities. Because of the consequences of such a broad law, you need to be aggressive in choosing the right disorderly conduct attorney in Mesa when you are arrested and charged with disorderly conduct.
The person charged didn’t have the right state of mind. To be charged, you must have had the intent to disturb the peace or known that your conduct was disturbing the peace. If it was simply a reasonable mistake or accident, it’s not a criminal charge. If you have been charged with disorderly conduct for disturbing the peace of a neighborhood, your conduct may be measured against an objective standard, and the state doesn’t need to prove a particular person was disturbed. It’s enough if the Defendant, at least, should have known that the conduct would have disturbed the peace of anyone in the neighborhood.
If, instead, you are charged with disorderly conduct for disturbing the peace of someone in particular, the state MUST prove that you knowingly disturbed that victim’s peace or that you intended to disturb his or her peace. The statute defining disorderly conduct doesn’t require that one actually disturb the peace of another through certain acts. Rather, the statute requires the commission of certain acts with the intent to disturb the peace or with knowledge of doing so.
The Arizona law is clearly stated that the disorderly conduct statute is not unconstitutionally broad or ambiguous; however, the statute’s broad language can often help you or someone charged with a disorderly conduct crime. This is because a criminal defense lawyer can point out the shortcomings of the alleged conduct as it compares to previous Mesa, Arizona court decisions interpreting the disorderly conduct statute. There’s a difference between merely rude or offensive behavior and criminal conduct. The state of Arizona criminalizes behavior, under the disorderly conduct statute, only when it involves fighting, violence, or seriously disruptive behavior. Seriously disruptive behavior is of the same general nature as fighting or violence or conduct liable to provoke that response in others. The disruption must be serious—something that causes considerable distress, anxiety, or inconvenience.
The right to free speech is protected by the First and Fourteenth Amendments to the United States Constitution. The right to free speech, however, is not absolute. The Constitution doesn’t allow fighting words. Fighting words that inflict injury or tend to incite an immediate breach of the peace are not afforded constitutional protection. Fighting words are those words that are inherently likely to provoke a violent reaction when addressed to the ordinary citizen. Offensive language is not disorderly conduct unless it amounts to fighting words.
Our lawyers can provide the following benefits when representing you against a disorderly conduct charge:
Schedule a legal consultation with our Mesa disorderly conduct lawyers today!
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