Disorderly Conduct Attorney in Phoenix, Arizona
Are You Charged With Disorderly Conduct?
Disorderly Conduct is a common charge that we see. Sometimes officers are called out for a domestic disturbance but do not have sufficient probable cause to charge someone with assault, so they charge them with Disorderly Conduct.
Under Arizona law you can be charged with disorderly conduct if:
A.R.S. 13-2904 A person commits disorderly conduct, if with intent to disturb the peace or quiet of a neighborhood, family, or person, or with knowledge of doing so, such person:
Engages in fighting, violent or seriously disruptive behavior; or
Makes unreasonable nose; or
Uses abusive or offensive language or gestures to any person present in a manner likely to provoke immediate physical retaliation by such person; or
Makes any protracted commotion, utterance or display with the intent to prevent the transaction of the 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, a hazard or any other emergency; or
Recklessly handles, displays or discharges a deadly weapon or dangerous instrument.
Disorderly conduct under section 6 is a class 6 felony. Disorderly conduct under sections 1, 2, 3, 4, or 5 is a class 1 misdemeanor.
Felony Sentencing Chart in Years
The “P” in the middle stands for presumptive term, which is where a sentencing judge will start. To the left of the Presumptive term is the MIT (Mitigated) and MIN (Minimum). To the right of the Presumptive is MAX (Maximum) and AGG (Aggravated). The sentencing judge has discretion on whether to sentence above or below the presumptive term.
A class 6 felony has a presumptive of one year but for first time non-dangerous disorderly conduct probation is an option.
Misdemeanor Sentencing Chart
As you can see disorderly conduct can be charged for multiple reasons. If you or someone you know has been charged with Disorderly Conduct, contact our office today to schedule a complimentary case evaluation.