DEFENDING DISORDERLY CONDUCT CHARGES IN GILBERT AZ
Defenses Tactics used by Top Rated Disorderly Conduct Attorneys in Gilbert AZ to Fight Disorderly Conduct Charges
Disorderly Conduct Charges Gilbert, AZ
Gilbert Disorderly conduct charges are also known as “disturbing the peace”. If you have been arrested or charged with any disorderly conduct charges in Gilbert, AZ, you should consult an Arizona criminal defense attorney or disorderly conduct defense attorney who defends cases in Gilbert Court as soon as possible. You will be able to discuss your charges and defense options. Most Gilbert criminal defense attorneys will provide a free consultation.
Some of the best disorderly conduct Attorneys in Arizona agree that this offense is over used and is often charged when the Gilbert police when they can’t find anything else to charge you with, and they are annoyed with you. From a defense standpoint, most criminal defense and disorderly conduct defense attorneys in Scottsdale find that most of facts of the alleged “disorderly conduct” are over stated or exaggerated by law enforcement or police who arrested or charged you for disorderly conduct.
There are a number of behaviors that the Gilbert AZ Police view as disruptive behavior and that will lead to charges or arrest for disorderly conduct in Gilbert, AZ. These can include, but are not limited to the following intentional acts: Fighting with others or engaging in combative behavior; Making “unreasonable” noise; Cursing, loud, abusive, or offensive language to another person for the purpose of provocation or other reason; Engaging in behavior that disrupts business operations; Refusing to leave an area as directed by officials (for instance: the scene of a fire or emergency); Recklessly handling, or displaying a firearm or other dangerous weapon to intentionally provoke, intimidate, or make someone fear that harm to them is imminent.
Gilbert AZ Disorderly Conduct Laws
If you were charged or arrested in Gilbert Arizona, your charges will fall under the authority of the Arizona laws.
Disorderly Conduct in Arizona can be found beginning under Revised Statutes – A.R.S. Arizona Disorderly Conduct Law “ARS 13-2904. Disorderly conduct; classification”.
Disorderly Conduct Penalties in Gilbert Arizona
Generally a disorderly conduct misdemeanor charge is categorized as a Class 1. A Class 1 misdemeanor is the highest level of misdemeanor (just below a felony) under Arizona Law. Sentencing may include up to 6 months incarceration in prison, and fines of $2,500.
Depending on the circumstances, a basic, disorderly conduct charge with no aggravated factors do not justify punishments of the maximum sentence. However, no any disorderly conduct conviction may include jail time, probation, fines, fees, and other penalties the judge deems appropriate including counseling and community service.
Disorderly conduct charges that include use of a firearm or other dangerous weapon will elevate the charge to a class 6 felony.
Felony disorderly conduct convictions carry a maximum punishment of one year in prison. You would also possess a criminal record which labels you as a convicted felon. Penalties less than the maximum may include jail, probation, fines, fees, counseling, and other penalties the Arizona judge deems necessary based on your circumstances.
Disorderly Conduct Defenses used in Gilbert AZ
Below are just some defense strategies that a criminal defense attorney who defends disorderly conduct charges in the Gilbert Arizona Court may use to build your defense case. This list is not all inclusive:
1)You were attempting protect someone against harm or injury, who was unable to protect themselves;
2) Wrong person charged – This often applies when groups of people are involved or multiple persons are involved in gatherings such as civil assemblies that turn violent)
3) No witnesses, no evidence, no video, audio, or other evidence to prove you displayed disorderly conduct;
4) You acted under threat, provocation or intimidation;
5) The evidence, audio or video disproves or contradicts police allegations
6) Police brutality;
7) No other justifiable reason for charges, other than the police officer was annoyed with you;
8) You were exercising your right to “free speech” under the Constitution in an approved location, in an appropriate, orderly and peaceful fashion;.
9) The police were not aware you suffer from a physical or mental impairment that caused you to appear to have “a bad attitude”, with no proof or other justification;
10) Actions were in self – or in defense, defense of home, property, or family
11) Violations of Your Arizona State or U.S. Constitutional Rights;
12) Objective witness statements overwhelmingly contradict the police officers statements;
13) The police officer has a history of disciplinary actions in similar circumstances.
14) Someone else started the altercation;
15) Your actions were not committed “with intent to disturb the peace or quiet of a neighborhood, family or person or with knowledge of doing so…” as required by A.R.S. 13-2904. Disorderly conduct; classification…”
Gilbert AZ Disorderly Conduct Attorney
An experienced Gilbert AZ criminal defense or disorderly conduct attorney will conduct a thorough investigation of all the facts to determine if the charge was justified or not. In many cases there will be flaws or weaknesses in their case. This offense is often used as a “catch all” excuse for the police to subdue, charge, or arrest you. It is usually very subjective in nature.
As a result, a good Arizona disorderly conduct or criminal defense lawyer in Gilbert Arizona will attempt to find flaws and weaknesses in the prosecution’s case, and present compelling arguments in your defense. Retaining an experienced Arizona disorderly conduct attorney will greatly increase your chances of getting your disorderly conduct charges dismissed, reduced, or otherwise the best outcome in your case.
If you have been arrested for DUI or criminal charges in Maricopa County contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Arizona criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor).
The Law Office of James Novak is devoted to defending DUI, Drug & criminal charges in Arizona, valley wide within Maricopa County including the cities of Gilbert, Gilbert, Phoenix, Mesa, Gilbert and Tempe Arizona.
This post was intended to provide general information only and is not intended as specific legal advice. You should not rely upon this information alone, but should consult legal counsel regarding the application of the laws and regulations discussed and as applied to your specific case or circumstances.