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
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
Gilbert and all surrounding cities valley-wide.
For more information,
contact a Criminal Defense Attorney at the Firm today for a
free case evaluation.