Phoenix Disorderly Conduct Attorney

The crime of Disorderly Conduct in Arizona, criminalized by Arizona Revised Statues § 13-2904, is what most people think of as “disturbing the peace.” You commit Disorderly Conduct if, with the intent to disturb the peace or quiet of a neighborhood, family, or person, or with the knowledge of doing so, you do any of the following:

  • Engage in fighting, violent, or seriously disruptive behavior;
  • Make unreasonable noise;
  • Use abusive or offensive language or gestures to any person present in a manner likely to provoke immediate physical retaliation by them;
  • Make a protracted commotion, utterance, or display intending to prevent the transaction of the business of a lawful meeting, gathering, or procession;
  • Refuse to obey a lawful order to disperse issued to maintain public safety near a fire, hazard, or other emergency;
  • Recklessly handle, display, or discharge a deadly weapon or dangerous instrument

If you are facing disorderly conduct charges in Phoenix, Arizona, you need assistance from an experienced criminal defense attorney. AZ Defenders is a trusted source of criminal defense and one of the most aggressive law firms in the country. As your lawyers, we will do what is necessary to fight for the best possible outcome for your disorderly conduct case.

Phoenix Disorderly Conduct Defense Resources

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Why Choose the AZ Defenders?
What Additional Charges Can be Added to Disorderly Conduct?
Proof Required for Disorderly Conduct Charges in Arizona
Potential Punishments for Disorderly Conduct
Possible Defenses to Disorderly Conduct Charges in Phoenix
Cost of a Disorderly Conduct Defense Attorney
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Why Choose the AZ Defenders for a Disorderly Conduct Charge? 

  • We will be there for you as your attorneys every step of the way. Your lawyer will answer your call 24/7. We work hard to deliver the highest quality legal representation in Phoenix.
  • Our team consists of experienced criminal defense attorneys who have spent years in this field of law. We are recognized as one of the finest criminal defense law firms in Arizona.
  • We don’t push every client to take a plea deal. We personalize the legal experience and our defense strategies based on each unique case and situation for optimal results.

Phoenix Disorderly Conduct Attorney

What Additional Charges Are Frequently Added to Disorderly Conduct?

Disorderly conduct is a serious enough charge on its own, but matters are often made worse for the defendant due to charge stacking. Charge stacking is when a prosecutor charges a defendant with multiple crimes for the same incident. For example, a disorderly conduct charge is frequently combined with the following additional charges: 

  • Drug or alcohol crimes: disorderly conduct could be combined with charges connected to drug possession or alcohol crimes, such as underage drinking or having an open container.
  • Domestic violence: if disorderly conduct involves an altercation with a member of your household or family, it could result in domestic violence charges.
  • Violation of a protection order: if part of your conditions for release after being arrested for disorderly conduct is a no-contact order, you must not contact the other party while your case is pending, or else you risk additional charges.
  • Assault: assault or battery charges could be filed if you were involved in a fight or physical altercation. You may also face criminal damage charges for any property damage caused.
  • Firearm charges: if disorderly conduct involves the discharge of a firearm, you could face charges pertaining to alleged gun crimes. This could enhance your charges to a “dangerous” offense.

Charge stacking can amplify the potential penalties that you face during a disorderly conduct case. If you are found guilty of multiple crimes, you could receive a longer jail sentence or greater fines than a disorderly conduct conviction alone. Depending on the type of additional charge, the penalties could increase substantially. A misdemeanor could turn into a felony, for example, bringing with it a much heavier sentence.

Proof Required for Disorderly Conduct Charges in Arizona 

The burden of proof during a criminal case rests with the prosecution. The evidentiary standard is “proof beyond a reasonable doubt” – the highest standard in law. The prosecution must show using clear evidence that you committed the crime of disorderly conduct beyond a reasonable doubt. The following are the elements necessary to prove this crime in Arizona:

  • You committed one of the acts listed in the disorderly conduct statute, such as fighting or using offensive language.
  • You committed the act with intent to disturb the peace or quiet of a person or neighborhood, or had knowledge that your act would do so.

Based on the language of the law, a person could technically be found guilty of disorderly conduct if he or she makes unreasonable noise or commits another act that could disturb the peace, regardless of whether anyone’s peace was actually disturbed. However, most cases are brought if there is an identifiable victim who wishes to press charges.

What Are Potential Punishments for Disorderly Conduct?

If you commit Disorderly Conduct in Phoenix by recklessly handling, displaying, or discharging a deadly weapon or dangerous instrument, then it is a Class 6 Felony. If convicted, you face 4 months to 2 years in prison, up to 3 years of probation, a fine of up to $150,000, and a felony conviction on your record. Moreover, the prosecution may choose to charge such an offense as a “Dangerous” offense. If it does so, you face a mandatory prison sentence of 1.5 to 3 years and are ineligible for probation if convicted. A Phoenix firearm crimes defense lawyer will be an invaluable asset during such a case.

All other forms of Disorderly Conduct are Class 1 Misdemeanors. A Class 1 Misdemeanor carries a maximum jail sentence of 6 months, a maximum fine of $2,500, and up to 3 years of probation.

Possible Defenses to Disorderly Conduct Charges in Phoenix 

If you are facing charges for disorderly conduct or disturbing the peace in Phoenix, the strength of your defense strategy could be all that stands between you and a life-changing criminal conviction. While no defense attorney can guarantee a positive case outcome, hiring a lawyer will significantly improve your chances of achieving positive case results. An attorney will analyze your case to determine the ideal defense strategy for you. 

Potential defense options may include:

  • No prohibited act: no illegal or prohibited act occurred under Arizona’s legal definition of disorderly conduct.
  • Mistaken identity: you were mistaken for someone else or did not commit the act that allegedly occurred, as proven by an alibi.
  • Legal justification: you were justified in disturbing the peace, such as for the purpose of self-defense or defense of others.
  • Insufficient evidence: poking holes in the prosecutor’s case and filing motions to have evidence suppressed to argue that the prosecutor has not met its burden of proof.
  • Violations of constitutional rights: the arresting officer violated your rights, thereby ruling any evidence gathered inadmissible.

The attorneys at AZ Defenders do not believe in a one-size-fits-all approach to criminal defense. Instead, we customize our strategies after an in-depth investigation of the case and our client’s background. Discuss your potential defense strategy with one of our attorneys during a free consultation for more information. We will do everything we can to build the strongest possible defense for you.

Cost of a Disorderly Conduct Defense Attorney in Phoenix 

If you are hesitant to hire a criminal defense attorney for your disorderly conduct case in Phoenix due to the prospective price of doing so, put your fears to rest with AZ Defenders. We aim to make high-quality legal defense available to everyone using affordable fees. Our law firm does its best to make our fees transparent and easy to understand.

Most criminal defense lawyers charge either an hourly fee or a flat rate. Hourly fees are more common due to the variable nature of each case. At AZ Defenders, we base our rates on each specific case and situation depending on how difficult it will be to litigate. We will always let you know the price of our legal services ahead of time.

One of your constitutional rights is the right to counsel, meaning the right to retain a criminal defense attorney to represent you. If you cannot afford to hire a private attorney, the courts will appoint a public defender to your case. If you can afford a private attorney, however, this can provide you with a stronger defense against disorderly conduct charges.

Speak to an Experienced Phoenix Disorderly Conduct Defense Attorney Today

Every Disorderly Conduct case is different and requires an individualized approach. The Phoenix criminal defense attorneys at AZ Defenders have the knowledge, skills, and experience to help you achieve the best possible result in your Disorderly Conduct case and will tailor a defense strategy best suited to achieve that result. Contact us today by calling 480-456-6400 or reach out online and schedule a free consultation today.

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