Archive for the ‘Arizona Criminal Defense Lawyers’ Category

What is “Disorderly Conduct”?

Posted on: January 23rd, 2015 by Dana Hogle

Arizona Disorderly Conduct Laws

As criminal defense lawyers, we see a lot of charges for disturbing the peace, or “Disorderly Conduct” which is the catchall charge.  In Arizona, there are two types of disorderly conduct; misdemeanor or felony.

Misdemeanor Disorderly Conduct

The first type of disorderly conduct is the broader category and basically is being loud, obnoxious etc.  This first type is a misdemeanor, which means it is handled by a local court, such as by the local city or town, and hold smaller penalties than a felony.

An example of a misdemeanor disorderly conduct would be a neighbor yelling at another neighbor for their lawn being too long.  The police could come out and cite the yelling neighbor with misdemeanor disorderly conduct.  It is important to note, however, a police officer can, and occasionally does, issue a citation to an individual for this offense even if there seems to be nothing else that could be charged to that individual or if that individual is being a jerk to the officer.

The maximum penalty for this charge would be up to 6 months in jail, and fines up to $2,500.  The judge could also impose community service and counseling.

Felony Disorderly Conduct

The second type of disorderly conduct is a class 6 felony.  This almost always involves a weapon and is handled by a state court.  An example of a felony misdemeanor would be two guys getting in a discussion at a party and one pulls out a gun and says to the other, “You better not mess with me.”  This carries a minimum of 1 ½ years in prison, presumptive of 2 ¼, and a maximum of 3 years.

It is important to mention the big brother to felony disorderly conduct, felony aggravated assault.  In the prior example, the minute that the barrel of the gun is pointed in a way that places another person in fear of imminent physical injury, or serious bodily injury or death, it becomes a felony aggravated assault, even if no shot is fired.  The penalty for a felony aggravated assault can range from a class 6 to a class 2 felony.  The class 2 felony prison time is a 7-year minimum, 10 ½ presumptive, and 21 maximum.

Either way, both of these types of felony charges are very serious.  Getting any class of felony would result in the loss of rights and privileges.  Two rights lost automatically on a conviction or acceptance of a felony plea is the loss of voting rights and loss of 2nd amendment rights to bear a firearm.

Get Legal Help

Regardless of whether an individual is charged or cited as a felony or misdemeanor disorderly conduct, seek legal help.  Most disorderly conducts should be handled at a reasonable rate.  Never talk with a criminal attorney in Mesa AZ. that will charge you a consultation fee for this charge.  Contact The Hogle Firm today for your free consultation (480) 999-5334.

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