A.R.S. 13-2904 – Disorderly Conduct – Arizona
A.R.S. 13-2904 defines disorderly conduct as with intent to disturb the peace or quiet of a neighborhood, family or person, or with knowledge of doing so, such person:
- Engaged in fighting, violent or seriously disruptive behavior; or
- Makes unreasonable noise; or
- Uses abusive or offensive language or gestures to any person present in a manner likely to provoke immediate physical retaliation of such person; or
- Makes any protracted commotion, utterance, or display with the intent to prevent the transaction of business of a lawful meeting, gathering, or procession; or
- Refuses to obey a lawful order to disperse issued to maintain public safety in dangerous proximity to a fire, hazard or any other emergency.
All the above referenced disorderly conduct charges are class one misdemeanors. They are punishable by up to six months in jail, $2,500 of fines with an 80% surcharge, and up to 3 years of probation. Disorderly conduct is very much a catch all charge. We often see this tacked on in misdemeanor cases involving criminal damage, trespass, and assault. These charges allow for a bench trial, meaning a trial in front of a judge.
If a person with the intent to disturb the peace or quiet of a neighborhood, family, or person, or with knowledge of doing so recklessly handles, displays or discharges a deadly weapon or dangerous instrument (i.e., a gun). This is a class six dangerous felony. Even if it is your first offense it is a prison mandatory offense with a range of 1.5-3 years in prison.
Defending Disorderly Conduct Cases – Phoenix Criminal Defense Lawyer
Like every other case, we attack the mens rea, the mental state. If you did not intentionally or knowingly disturb the peace of your neighbors who called the police, because you did not know they were there while you were screaming, then you may have a viable defense. If you were acting in self-defense to someone attacking you and had to fight back to protect yourself, you may have a defense.