Articles Tagged with Defenses

•The Laws in Arizona for DUI are strict, harsh, and frequently changing. If you are unrepresented, you are held to the same standard as an experienced criminal defense attorney. This means you will be held responsible for meeting time lines, filing appropriate motions, challenging your charges with the authority of proper legal citation; representing yourself at hearings; following rules of criminal procedures. Winning cases and losing cases, is often the result of a successful argument or challenge of any of these aspects and the different facets of a DUI.

• You may be completely not-guilty of the charges for which you were arrested or on trial, but the prosecution will not “tell your story” or produce any evidence that will help prove your innocence. That is not their job. The prosecutor generally will not point out weaknesses in the State’s case against you. Only your criminal defense attorney will look for defenses, mitigating factors or evidence that may lead to a dismissal or reduction in sentencing;
• Any information or answers to questions regarding your charges can result in unintended self-incrimination. You have a constitutional right to remain silent and retain legal counsel to defend your charges, and be present during any questioning or testimony. Representing one’s self increases a person’s chance of unintentional self-incrimination.

• The Presiding judge can only intervene on motions; plea agreements; granting or prohibiting evidence from being admitted; and sentencing. The Judge can’t dismiss the charges without formal or proper legal arguments or challenge is made on the evidence; to the law; or other matters surrounding your case; or there is a “Not-Guilty” verdict returned by the jury.

Arizona DUI laws are strict and penalties harsh. A first time Misdemeanor DUI calls for mandatory jail sentencing Ignition Interlock Device on vehicle; suspension of driver’s license; probation, costly fines, fees and assessments. DUI charges result in both criminal charges which are held in criminal court, and civil charges relating to the negative actions on a person’s driver’s license. A qualified criminal defense firm will protect your rights; defend your charges; make every effort to help avoid jail terms and other harsh sentencing.

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“Disorderly Conduct arrests are made all too often in Maricopa County AZ; How good criminal defense attorneys get disorderly conduct charges dismissed”.

Maricopa County Disorderly Conduct Charges
Maricopa County “Disorderly conduct charges”, sometimes referred to as “disturbing the peace” are made all too often. But commonality does not reduce their consequences. An experienced Maricopa County criminal defense attorney will tell you they should be taken seriously due to the severe penalties you may be exposed to if convicted.

http://www.youtube.com/watch?v=a1yuGMaIWhs

Arizona Disorderly Conduct Penalties
Circumstances surrounding the incident have a significant impact on the classification in which they will be charged. Disorderly conduct charges in are usually brought as Class 1 Misdemeanors., he highest level of Arizona Misdemeanors. Class 1 Misdemeanor convictions carry penalties of up to 6 months incarceration and up to $2500.00 fines.
Class 6 Felonies will usually be charged if the disorderly conduct involves a firearm. Disorderly Conduct Felony Charges carry maximum sentencing of up to one year in state prison, fines, fees, a felony criminal record; and could include other punishments ordered by the court.

Disorderly Conduct Laws in Maricopa County
Arizona Disorderly Conduct Laws are classified, and defined in Title 13 of Arizona Criminal Code ARS 13-2904. Below is a paraphrased discussion of the law:
A person can be charged with disorderly conduct in the following circumstances:

1) The person “with intent” disturbs another person, neighborhood, or business’s peace: or
2) “With knowledge”, of their actions, a person displays or engages in the following:
• Fight, altercation. or other behavior which was disruptive;
• Unreasonably disruptive noise or music;
• Offensive, abusive, disturbing language or gestures which in turn provoke another person to immediately retaliate;
• The disruption or commotion continues for an extended period of time;
• Any physical or verbal disturbance displayed with the intent to prevent or distract a lawful gathering, or meeting;
• Disobedience or Failure to adhere to a lawful instructions or orders to leave, evacuate, or dismiss one’s presence from a premises or area issued for purposes of public safety; risk of danger or peril such as fire; or other imminent hazard or emergency;
• Reckless display or unlawful discharge of a gun or other deadly weapon.

Defenses for Maricopa County AZ Disorderly Conduct Charges
Experienced Maricopa County criminal defense attorneys challenge disorderly conduct charges frequently due to their subjective nature. An effective use of legal defenses often results in dismissal of the charges. There are a vast number of defenses that can be used to combat unjust or unwarranted disorderly conduct charges. Your criminal defense lawyer uses will be tailored to the fact of the case: Below are examples of defenses that may apply (list not exhaustive):

• “Justification”; Defenses used to explain why the conduct was “justified” and not unlawful: self-defense; imminent fear of danger to one’s self or family; immediate reaction to provocation or threat;
• “Affirmative”; Facts that bar or prevent the State from being able to prosecute the charges: Jurisdictional challenges; violations of time limit statutes to bring charges; the accused had a severe mental illness and did not know or intend to engage in disorderly conduct;
• “Reasonable Doubt”; Trust worthy witnesses to the incident provide compelling testimony which conflicts with the police officer’s account of the accused person’s conducts; Prosecution is unable to prove “beyond a reasonable doubt” that the accused engaged in disorderly conduct; No evidence, witnesses, or no complaints exists to support that the accused disturbed anyone’s peace or engaged in disorderly conduct;
• “Violation (s) of Constitutional Rights”; Right to free speech in absences of abusive or offensive language; right to lawfully and peacefully assemble; right to peacefully and without offense or disturbance pray, practice faith or religion of choice.

Reasons Police Choose to Make Arrests for Disorderly Conduct
Those arrested or charged for disorderly conduct often wonder what they did to deserve to be arrested. Maricopa County criminal defense attorneys agree that it is an overused charged. The police generally use it as a “catch-all” charge, when no other appropriate charges exist and they want to make an arrest. Charges sometimes follow a police warning, but a warning is not required. The most common reasons police decide to charge or arrest someone for disorderly conduct is Maricopa County is for the following reasons:
1) Police are annoyed with you;
2) No other appropriate charges exist for them to use;
3) Police feel the need to make an arrest or charge because someone has made a complaint against you;
4) Police gave you a warning, and the conduct, music, disruptive behavior continued and they had to return;
5) You disrespected or disobeyed orders from police;
6) Police believed your actions were deliberate, intended, and you were not cooperating with them
Never plead guilty for disorderly conduct charges without first consulting a Maricopa County Criminal Defense Attorney. They will provide you with information and options for your defense.

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“Why You Should Not Plead Guilty to Disorderly Conduct Charges in Mesa, without consulting a good criminal lawyer who provides criminal defense in Mesa AZ!”
10 Reasons Police May Charge You for Disorderly Conduct in Mesa AZ

Editor’s Note: This list of reasons may get you angry; Make sure you don’t “disturb anyone’s peace” when you read it!

http://www.youtube.com/watch?v=a1yuGMaIWhs

Mesa AZ “Disorderly conduct charges (“disturbing the peace”) are common in Arizona. But commonality does not reduce their severity. An experienced criminal defense attorney who defends Mesa Disorderly Conduct Charges will be the first to tell you, to take the charges seriously. This is due to the consequences of a conviction.

The police generally use disorderly conduct as a “catch-all” charge, and they see it necessary to make an arrest. Here are some of the reasons police may charge or arrest someone for disorderly conduct
1) Police are annoyed with you;
2) No other criminal charges exist that are more appropriate for the conduct;
3) Someone has made a complaint against you for disruptive conduct;
4) Police gave you a warning; and had to return because the conduct, or disruptive music continued;
5) You disobeyed an order or instruction the police gave you;
6) They Police did not like “the look” you gave them or the “tone of voice” you used in response to them;
7) It was the opinion of the police that you were being uncooperative;
8) Police believed your conduct was deliberate, intended, and that you knew you were disturbing others peace;.
9) Police perceived you not being as respectful to them as they would like;
10) Police did not know which person to arrest or charge, so it was easier from them to arrest or charge both or all persons at the scene; knowing one or more of the people were innocent.

Like any arrest or criminal charges, they are not always lawful or justified. But the person arrested for disorderly conduct now faces criminal charges, and will need to get the criminal matter resolved or face potential serious consequences if convicted.

Penalties for Disorderly Conduct in Mesa AZ

Facts involving the incident which led to the arrest, will dictate the classification of the disorderly conduct charges. They are typically charged as Class 1 Misdemeanors. These are the most severe level of AZ Misdemeanors. Class 1 Misdemeanor convictions carry sentencing that can range from probation and fines up to 6 months incarceration and up to $2500.00 fines.

Class 6 Felonies are charged if the disorderly conduct involves a firearm. Disorderly Conduct Felonies carry maximum penalties of up to one year in state prison, fines and fees, and a felony that will stay on your criminal record for years to come.

Disorderly Conduct Laws in Arizona
Arizona Disorderly Conduct Laws are classified, and defined in Title 13 of Arizona Criminal Code ARS 13-2904. A discussion of the law is paraphrased below:

A person can be charged with disorderly conduct in the following circumstances:
1) “With intent” a person disturbs another’s, or a business or other entities’ peace: or
2) “With knowledge”, of their actions, a person displays or engages in the following:
• Fights, physical or verbal; or other serious disruptive behavior;
• Playing unreasonably loud music during nighttime hours especially, when others are sleeping, or making other continuously loud noise;
• Using offensive, disturbing or abusive language (or gestures) which provoke “immediate” retaliation by another party;
• Any such disruption or disturbance last for an extended period of time;
• Any physical or verbal disturbance caused by a person with the intent to prevent or distract a lawful meeting or gathering;
• Disobedience of a civil or lawful order to leave, evacuate or dismiss one’s self from a premises or area. They order may be issued for reasons involving public safety; imminent danger or peril such as fire, flood, or other hazard or emergency;
• Reckless unlawful discharge of a firearm, or reckless unlawful display of a gun or other dangerous weapon.

Criminal Defense for Mesa AZ Disorderly Conduct Charges

Good criminal attorneys who defend criminal charges in Mesa AZ challenge disorderly conduct charges frequently; and often get disorderly conduct charges dismissed. This is mainly due to their subjective nature. An effective use of legal defenses is the key. Many defenses can be used to combat unjust or unwarranted disorderly conduct charges. Your criminal defense lawyer uses will be tailored to the fact of your case: Some examples of defenses that may be used to challenge disorderly conduct charges would include “Justification” defenses; “Affirmative” Defenses; “Reasonable Doubt” defenses; or Violation of Rights defenses.

It is unwise to plead guilty to disorderly conduct charges and accept the consequences without legal review and retention of a Criminal Defense Attorney who defends disorderly conduct charges in Mesa AZ on a regular basis. Depending on the facts, there is good chance they may be able to successfully challenge the charges, which could lead to a dismissal in your case.

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“Chandler disorderly conduct charges are often challenged by good criminal lawyers who defend criminal charges in Chandler Arizona. Here’s how they often get dismissed”.

Chandler Disorderly Conduct Charges
These are probably some of the most frequent criminal charges given out by Chandler Police. But at the same time, they are some of the most frequently challenged charges by criminal defense attorneys. Many are dismissed due to their subjective nature. Every case carries its own unique circumstances, and criminal lawyers tailor defenses to challenge the evidence, or lack thereof. To get a conviction, for disorderly conduct charges the prosecution has the burden of proving that the disruptive conduct disrupted a business, or disturbed someone’s peace; the accused had “knowledge” that they were disturbing others; or that there actions were “intentional”. While this is an uphill battle for the prosecution, you will need to retain the assistance of a criminal defense attorney to defend you case if you wish to increase your chances of getting the charges dismissed.

http://www.youtube.com/watch?v=a1yuGMaIWhs

Arizona Disorderly Conduct Laws – Discussion
Title 13 ARS 13-2904. A & B outlines situations under the law that would result in disorderly conduct law violations. But the reality is that the facts or circumstances surrounding the criminal charge are not always objective. For example, a person can be charge for disorderly conduct or disturbing the peace for making “unreasonable” noise. But “unreasonable noise” to one, may not be to another.

Under Arizona Criminal law, in order to be convicted of disorderly conduct, a person must be engaging in the conduct with “knowledge” or “intent” to disturb another (s) peace. The prosecution has the burden of proving that the accused had knowledge or intent. So for the sake of discussion, what if person number #2 is provoked unexpectedly by person number #1 and an immediately verbal altercation ensues? Then following the incident, the police arrive and arrest both persons. In this case, there are really two compelling argument exists for person #2.

1) Person Number #2 was provoked, and retaliated out of fear of danger or the threat of danger. So their actions were in self-defense.

2) Person Number #2 engaged in an act of immediate retaliation, and did not “intend” to disturb the peace of others in the surrounding area that may have been disturbed by the altercation.

In Arizona, Disorderly Conduct charges are often coupled with other criminal charges. Using the examples above, the following additional charges would apply:

1) Where “unreasonable noise” was reported, the police also found that the person making “unreasonable noise” was under the age of 21, and drinking alcohol. So they were charged with disorderly conduct and “Under Age Drinking”.

2) In the situation where a person was provoked into retaliated, the altercation turned into a physical fight. Both persons were also charged with “assault” in addition to “disorderly conduct”.

Every situation is different and holds its’ own unique set of circumstances. In many cases the language of the law actually serves as to defend the accused, verses prosecuting them. Many defenses are available, but limited to the only those that that surround the circumstances.

Disorderly Conduct Penalties in Arizona
Most disorderly conduct charges are classified as Class 1 misdemeanors. A Class 1 misdemeanor is the most serious of Arizona misdemeanor charges. A Class 1 misdemeanor exposes the accused to a maximum sentence of 6 months in prison and $2,500.00 in fines.

If the situation involving the Disorderly Conduct involved reckless display, use, or discharge of a firearm, a Class 6 Felony may be charged. In that case, the accused may face potential sentencing that includes one year in prison; hefty fines and fees; and a felony criminal record.

If Disorderly Conduct Charges are coupled with other criminal charges, additional penalties would apply. When disorderly conduct is charged in relation to another crime, it usually is involves more serious crimes such as DUI, or Assault charges.

Criminal Defense Lawyer for Disorderly Conduct Charges in Chandler AZ
You should consult an experienced criminal defense attorney who defends criminal charges in Chandler before pleading guilty to Disorderly Conduct charges in Chandler AZ. The charges may not be justified, and defenses may exist that you are not aware of that can lead to a dismissal of your charges.

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“Not all arrests for disorderly conduct charges are lawful. Don’t plead guilty before consulting an experienced criminal lawyer who defends disorderly conduct charges in Gilbert”.

Disorderly Conduct Charges Gilbert AZ
“Disorderly conduct” or “disturbing the peace” charges are common in Gilbert AZ. But just because they are common, does not make them less serious. A good criminal defense attorney who defends Gilbert Disorderly Conduct Charges will be the first to tell you, not to ignore these charges. If you ignore them or fail to appear at your designated court date, a warrant will be issued for our arrest.

Like any arrest or criminal charges, they are not always lawful or justified. But the person arrested for disorderly conduct now faces criminal charges, and will need to get the criminal matter resolved or face potential serious consequences if convicted.

http://www.youtube.com/watch?v=IBMFs3CZfIU

Penalties for Disorderly Conduct in Gilbert AZ
Circumstances surrounding the Disorderly Conduct charges will weigh heavily on the classification for which the conduct will be charged. A large number of these charges are classified as Class 1 Misdemeanors. Class 1 Misdemeanors are the highest level of AZ Misdemeanors. Class 1 Misdemeanors will expose you to six months of incarceration and $2500.00 fines if convicted.

Class 6 Felonies are charged if the disorderly conduct involves a firearm. Disorderly Conduct Felony sentencing includes maximum penalties of up to one year in state prison, fines and fees, and a felony criminal record.
Arizona Disorderly Conduct Laws
Arizona Disorderly Conduct Laws are found in Title 13 of Arizona Criminal Code ARS 13-2904. An outline and summary of the law is shown below:

A person can be charged with disorderly conduct when the following applies to their conduct:
1) “With intent” someone disturbs another person, business, or other entities’ peace: or
2) “With knowledge”, of their actions, a person engages in the following behavior (s):

• Fighting; or other disruptive behavior;
• Loud music or other disruptive noise especially late evening or early am hours;
• Using offensive, disturbing, abusive language or gestures that provoke immediate retaliation by another party;
• Disruption or disturbance that lasts for an extended period of time;
• Disrupting person (s) with the intent to prevent or distract them from engaging in a lawful meeting or gathering;
• Disobedience of a lawful order to dismiss, evacuate or remove one’s self from a premises or area, for purposes of public safety; imminent danger; fire, flood, or other hazard or emergency;
• Unlawful discharge of a firearm; reckless display of a gun or other dangerous weapon.

Criminal Defense for Gilbert AZ Disorderly Conduct Charges
Good criminal attorneys who defend criminal charges in Gilbert AZ challenge disorderly conduct charges frequently. They often can get them dismissed due to their subjective nature of disorderly conduct charges. Depending on the circumstances, many effective defenses can be used by good criminal defense lawyers to challenge unjust disorderly conduct charges. You should contact a criminal lawyer who defends disorderly conduct charges in Gilbert before pleading guilty to these charges. They will discuss your charges and provide you with your defense options.

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“Arrests for Disorderly Conduct in Tempe AZ are not always lawful….Why Good Tempe criminal defense lawyers often get disorderly conduct charges dismissed.”

Tempe Disorderly Conduct Charges
“Disorderly conduct charges”, also called “disturbing the peace” are common in Tempe. But frequency makes them no less serious. An experienced Tempe criminal attorney will tell you they should be taken seriously due to their consequences if convicted.

Arizona Disorderly Conduct Penalties
Circumstances surrounding the charges dictate if the disorderly conduct charges will be brought as a felony or misdemeanor. Disorderly conduct charges are usually brought as Class 1 Misdemeanors. This is the highest level of Arizona Misdemeanors. Class 1 Misdemeanors convictions carry a maximum sentence of 6 months in jail or prison and up to $2500.00 fines.

Disorderly Conduct charges in Tempe AZ bought as Class 6 Felonies are charged if the disorderly conduct involves a firearm. Disorderly Conduct Felony Charges carry maximum penalties of one year in prison, along with fines, fees, a long term felony criminal record; and anything else the court deems necessary.

Disorderly Conduct Laws in Tempe AZ
Arizona Disorderly Conduct Laws are outlined under ARS 13-2904 Arizona Criminal Code, Title 13. For the readers convenience below is the law paraphrased, and explained for discussion:
A person can be charged with the crime of disorderly conduct under the following circumstances:
1) “with intent” of disturbing another person (s) peace or disruption of their business: or
2) ” with knowledge” of doing so, that person engages in one or more of the following:

• Fights, altercation. or other disruptive behavior;
• Unreasonably loud or disruptive noise or music;
• Offensive or abusive language or gestures which provoke another person immediately retaliate;
• Disruption or commotion lasting for an extended period of time or any physical or verbal disturbing display with the intent to prevent or distract a lawful gathering, or meeting;
• Failure to obey or adhere to a lawful or civil order to leave a premises or area issued for purposes of public safety risk of danger or peril such as fire; or other imminent hazard or emergency;
• Reckless display or discharge of a firearm, or other deadly weapon.
Defenses for Tempe AZ Disorderly Conduct Charges
Experienced Tempe criminal defense firms often challenge disorderly conduct charges due to their subjectivity. Their legal arguments often result in dismissal of the charges. There are many defenses that can be used to combat unjust disorderly conduct charges. Depending on the circumstances one or more of the following defenses categories may be used (Defense list not all inclusive):
• “Justification” Defenses; Self-defense; the accused was protecting a defenseless person being attacked; the accused’s conduct was an immediate reaction to being provoked, or threatened;
• “Affirmative” Defenses; A fact that prevents the prosecution from being able to prosecute the charge: Charges being brought in the wrong jurisdiction; charges were not brought within the state’s time limit for certain criminal offenses; the accused was mentally ill, and did not “intend” to cause the disruption;
• “Reasonable Doubt” Defenses; Credible and trust worthy eye witnesses have conflicting accounts of the event from the Police officer’s account; the prosecution is unable to prove beyond a “reasonable doubt” that a crime was committed by the accused; or there is no evidence, no witnesses, or no complaints made of a disturbance caused by the accused; ;
• “Violation of Constitutional Rights” Defenses; Right to free speech, no abusive or offensive language was used; right to assemble lawfully and peacefully; freedom to practice faith or religion without disturbance.
Why Police Make Arrests for Disorderly Conduct in Tempe
Those charged or arrested are often confused as to why they were arrested for disorderly conduct. In most cases, it has less to do with what they did, and more to do with what the police could not do. Most Tempe criminal defense attorneys agree that it is an overused charged. The police generally use it as a “catch-all” of charges, when they don’t know what else to charge someone with, but want to make an arrest. Charges sometimes follow a warning by police, but a warning by police is not required.

The most common reasons charges or arrests for disorderly conduct is Tempe is for the following reasons:
1) Police are fed-up or annoyed with you;
2) Police have no other appropriate charge to use;
3) Police feel compelled to make an arrest or charge because complaints continue despite warnings; and/or the police have to return to the scene more than once;
4) Police felt that you disrespected them or that you were not being cooperative;
5) Police believed your actions were deliberate, and intended.

Always consult an experienced criminal lawyer to defend your Tempe disorderly conduct charges. Just because you were charged with disorderly conduct does not mean the arrest was lawful.

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