Disorderly Conduct Charges in Tempe

Tempe Board Certified Criminal Defense Attorney

Disorderly conduct is one of the most common offenses used by law enforcement and prosecutors in the State of Arizona. It is a very subjective charge and police are given broad discretion in applying this charge to all types of 'disruptive' behaviors. Other similar offenses related to disturbing the peace include loitering, public intoxication, criminal nuisance, indecent exposure and prostitution. Disorderly conduct charges are frequently paired with other violations, including assault and domestic violence related charges.

Some of the most common behaviors resulting in charges of disorderly conduct include:

  • Loud or unreasonable noise (i.e. loud music at a party)
  • Disturbance of the peace (i.e. barking dog)
  • Fighting in a public place
  • Public drunkenness
  • Violent or seriously disruptive behavior
  • Obstructing traffic
  • Creating a disturbance in a business
  • Loud argument between couples or other family members
  • Refusing to obey a lawful order to disperse
  • Recklessly handling or displaying a deadly weapon

Penalties for Disorderly Conduct Conviction

In most cases, a disorderly conduct charge is a class 1 misdemeanor, with a maximum punishment of up to 6 months in jail, a $2500.00 fine (plus 84% surcharge) and probation is normally available. In instances where a gun or other weapon was involved, these charges will be classified as a class 6 felony. If this is the case, the maximum punishment would be up to 2 years in prison for a non-dangerous offense, or 3 years maximum for a dangerous felony offense. In some felony cases probation is available. In any criminal case there can be fines. A felony criminal record will also result in loss of civil rights (right to vote, etc.), loss of gun rights and could also have other long-term consequences and affect one’s ability to seek certain types of employment and professional licensing. Because of these potentially significant penalties, it is critical to seek the advice of an experienced criminal defense lawyer before making any decisions in your case.

Aggressive Defense Against Disorderly Conduct Charges

Some of the possible defenses a criminal defense attorney might advance in a case involving disorderly conduct might include:

1) You were acting in self-defense of your property or family

2) You were exercising your first amendment right (freedom of speech)

3) You were provoked through threats made by another individual

4) the State has a lack of evidence to prove their case

After thoroughly investigating your case and interviewing State's witnesses, your attorney will determine the best possible defense(s) to advance on your behalf, given the specific facts and circumstances in your case.

Disorderly Conduct Consequences

While a misdemeanor disorderly conduct charge can seem insignificant, a criminal conviction can have long lasting consequences, including limiting your ability to gain meaningful employment, pursue your educational goals and other opportunities in life. A felony conviction is even more significant and can also result in a loss of gun rights and other civil rights, including your right to vote. A misdemeanor charge designated as domestic violence can also result in a loss of gun rights upon conviction. Treating these types of charges seriously and seeking the advice and representation of counsel may help to limit the negative consequences you may face as a result of a criminal conviction.

Work Directly With a Board Certified Criminal Defense Attorney

Mr. Buckallew is a Board Certified Criminal Defense Attorney with nearly 20 years’ experience in litigating Disorderly Conduct cases in just about every Court in the Phoenix metro area, along with a wide variety of other criminal violations. Mr. Buckallew has a reputation as an aggressive criminal defense attorney with a proven track record in successfully resolving countless criminal cases, including those involving disorderly conduct, assault, domestic violence related charges, indecent exposure, prostitution, solicitation, criminal nuisance and many other types of serious criminal charges.

With our primary office in Tempe, the Firm handles cases in Mesa, Tempe, Scottsdale, Chandler, Phoenix, Gilbert and all surrounding cities valley-wide.

For more information, contact a Criminal Defense Attorney at the Firm today for a free case evaluation.