Arizona Criminal Defense Attorney Blog
“Why You Should Not Plead Guilty to Disorderly Conduct Charges in Mesa, without consulting a good criminal lawyer who provides criminal defense in Mesa AZ!”
10 Reasons Police May Charge You for Disorderly Conduct in Mesa AZ
Editor’s Note: This list of reasons may get you angry; Make sure you don’t “disturb anyone’s peace” when you read it!
http://www.youtube.com/watch?v=a1yuGMaIWhs
Mesa AZ “Disorderly conduct charges (“disturbing the peace”) are common in Arizona. But commonality does not reduce their severity. An experienced criminal defense attorney who defends Mesa Disorderly Conduct Charges will be the first to tell you, to take the charges seriously. This is due to the consequences of a conviction.
The police generally use disorderly conduct as a “catch-all” charge, and they see it necessary to make an arrest. Here are some of the reasons police may charge or arrest someone for disorderly conduct
1) Police are annoyed with you;
2) No other criminal charges exist that are more appropriate for the conduct;
3) Someone has made a complaint against you for disruptive conduct;
4) Police gave you a warning; and had to return because the conduct, or disruptive music continued;
5) You disobeyed an order or instruction the police gave you;
6) They Police did not like “the look” you gave them or the “tone of voice” you used in response to them;
7) It was the opinion of the police that you were being uncooperative;
8) Police believed your conduct was deliberate, intended, and that you knew you were disturbing others peace;.
9) Police perceived you not being as respectful to them as they would like;
10) Police did not know which person to arrest or charge, so it was easier from them to arrest or charge both or all persons at the scene; knowing one or more of the people were innocent.
Like any arrest or criminal charges, they are not always lawful or justified. But the person arrested for disorderly conduct now faces criminal charges, and will need to get the criminal matter resolved or face potential serious consequences if convicted.
Penalties for Disorderly Conduct in Mesa AZ
Facts involving the incident which led to the arrest, will dictate the classification of the disorderly conduct charges. They are typically charged as Class 1 Misdemeanors. These are the most severe level of AZ Misdemeanors. Class 1 Misdemeanor convictions carry sentencing that can range from probation and fines up to 6 months incarceration and up to $2500.00 fines.
Class 6 Felonies are charged if the disorderly conduct involves a firearm. Disorderly Conduct Felonies carry maximum penalties of up to one year in state prison, fines and fees, and a felony that will stay on your criminal record for years to come.
Disorderly Conduct Laws in Arizona
Arizona Disorderly Conduct Laws are classified, and defined in Title 13 of Arizona Criminal Code ARS 13-2904. A discussion of the law is paraphrased below:
A person can be charged with disorderly conduct in the following circumstances:
1) “With intent” a person disturbs another’s, or a business or other entities’ peace: or
2) “With knowledge”, of their actions, a person displays or engages in the following:
• Fights, physical or verbal; or other serious disruptive behavior;
• Playing unreasonably loud music during nighttime hours especially, when others are sleeping, or making other continuously loud noise;
• Using offensive, disturbing or abusive language (or gestures) which provoke “immediate” retaliation by another party;
• Any such disruption or disturbance last for an extended period of time;
• Any physical or verbal disturbance caused by a person with the intent to prevent or distract a lawful meeting or gathering;
• Disobedience of a civil or lawful order to leave, evacuate or dismiss one’s self from a premises or area. They order may be issued for reasons involving public safety; imminent danger or peril such as fire, flood, or other hazard or emergency;
• Reckless unlawful discharge of a firearm, or reckless unlawful display of a gun or other dangerous weapon.
Criminal Defense for Mesa AZ Disorderly Conduct Charges
Good criminal attorneys who defend criminal charges in Mesa AZ challenge disorderly conduct charges frequently; and often get disorderly conduct charges dismissed. This is mainly due to their subjective nature. An effective use of legal defenses is the key. Many defenses can be used to combat unjust or unwarranted disorderly conduct charges. Your criminal defense lawyer uses will be tailored to the fact of your case: Some examples of defenses that may be used to challenge disorderly conduct charges would include “Justification” defenses; “Affirmative” Defenses; “Reasonable Doubt” defenses; or Violation of Rights defenses.
It is unwise to plead guilty to disorderly conduct charges and accept the consequences without legal review and retention of a Criminal Defense Attorney who defends disorderly conduct charges in Mesa AZ on a regular basis. Depending on the facts, there is good chance they may be able to successfully challenge the charges, which could lead to a dismissal in your case.
If you “Like” this article please let us know! Feel Free to “Share”!
If you have been arrested; face active Arizona criminal or DUI charges, or have an existing warrant for your arrest in Maricopa County for Arizona DUI, DWI, drunk driving, drug or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. James Novak, experienced Arizona criminal Defense and DUI & Criminal defense Attorney, James Novak will speak with you directory concerning your charges, and provide you with defense options.
James Novak is an experienced trial lawyer and former prosecutor. The Law Office of James Novak is devoted 100% to defending DUI, Drug & criminal charges in valley wide within Maricopa County including Maricopa County Defense AZ, Scottsdale AZ, Tempe AZ, Phoenix AZ, Chandler AZ, Maricopa County Defense AZ, East Valley, and surrounding cities within the Phoenix metro and Maricopa County Area