Articles Tagged with Laws

Aggravated Assault, Weapons Misconduct, Domestic Violence, Failure to Obey Police Orders: Laws, Penalties, and Criminal Defense in Arizona

aggravated-assault-1In Arizona, we recently learned of a tragic story.

Police officers answered a domestic dispute, and the suspect was fatally shot by police.

When the officer arrived on scene, he encountered a woman outside a home.

Why Disorderly Conduct Charges are often challenged and dismissed

“Disorderly Conduct” is also known as “Disturbing the Peace”. There are a number of offenses under Arizona Criminal Code A.R.S. 13-2904 that fall within the classification of Disorderly Conduct. These are among the most successfully challenged criminal offenses due to their vague and sometimes biased nature.

By law the police must have “probable cause” to make an arrest. And although they may feel that the arrests meet the standards for probable cause that a crime occurred, the charges are often disputed and unjustified. For example, police often issue charges of Disorderly Conduct when they are annoyed with a person, and no other criminal charges apply to their conduct.

Disorderly Conduct charges are often seen coupled with other criminal charges such as domestic disputes or domestic violence, assault, resisting arrest, and other serious felony criminal offenses.
Under A.R.S. 13-2904 in Arizona, a person may be guilty of disorderly conduct if they intentionally and with knowledge disturb the peace of a neighborhood, business, person, gathering, meeting, or procession. Behaviors that fall within this code include but are not limited to fighting; serious, violent or disruptive behavior; public belligerence; unreasonably loud noise music, or laughter; use of abusive or offensive language; use of offensive gestures to anyone present that will likely provoke immediate physical retaliation; refusal to obey a civil or lawful order to evacuate or disperse issued to maintain public safety in emergency; or reckless handling, display or discharge of a gun or deadly weapon.

Criminal defenses include but are not limited to violations of constitutional rights including right to free speech, and gathering peacefully; insufficient evidence; lack of eye witnesses, lack of biased witnesses; or conflicting witness testimony; justification defenses; and failure of the prosecution to prove beyond a reasonable doubt that a criminal offense occurred.

Most are charged as Class 1 Misdemeanor in Tempe AZ call for 30 days in jail if convicted. If the behavior involves reckless handling, display or discharge of a gun or other deadly weapon, they are charged as Class 6 Felonies. All felonies in Arizona expose a person to prison terms sentencing and other harsh penalties. Other penalties include fines, fees, assessments, costs, probation, community service, and court ordered anger management counseling.

You should always consult a criminal defense attorney if you face disorderly conduct charges in Arizona, to discuss your options for defense. Defenses may apply that can be used to challenge due to lack of evidence, and justification. But your chances of a dismissal increase substantially if you are represented by a qualified criminal defense attorney.

Additional Resources:

• Tempe Police Investigations Unit

Disorderly Conduct in Arizona

Arizona Revised Statutes

Arizona Sentencing Chart 2012 – 2013

• Tempe Municipal Court

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Disorderly Conduct also known as “disturbing the peace”, is one of the most common criminal offenses. In 2011, police made 17,537 arrests for this offense in Arizona, making it the 4th most common offense in the state.

Most are charged as Class 1 Misdemeanors, which carries a jail sentence. But depending on the circumstances, may be charged as Class 1 felony which exposes a person to harsh prison sentencing.

Disorderly Conduct laws cover a wide range of criminal conduct, which many perceive it as a “catch-all” offense. Others consider it a last resort charge, in those cases where police are annoyed with a person, and have no other applicable charges for which to cite a person. It is often coupled with other offenses such as assault, domestic violence, unlawful discharge of a gun, or resisting arrest.

Disorderly Conduct charges are often vague in nature, making it one of the most challenged criminal offenses in court. Often the suspect was acting within the order of their Constitutional Rights. They are often dismissed for the following reasons:

• Insufficient evidence;
• Lack of consistent credible witness statements;
• Violations in Constitutional Rights;
• Affirmative or Justifiable Defenses were successfully argued.
• Inability of the prosecution to “prove beyond reasonable doubt” that the crime was committed.

A.R.S. 13-2904 Disorderly Conduct Laws

A person is guilty of Disorderly Conduct, if, with intent to disturb the peace and quiet of a neighborhood, person, family, or business, other public or place, with knowledge of doing so commits the following:

1) Engages in fighting, violence or seriously disruptive behavior; and includes public drunkenness resulting in disorderly behavior;
2) Makes unreasonable and disruptive noise; or
3) Uses abusive or offensive language or gestures to against another that is likely to provoke immediate physical retaliation by that person; or
4) Makes commotion of long duration; verbal or physical display with the intent to prevent transactions of a business, lawful gathering, meeting, or procession; or
5) Refusing to comply with a lawful order to disperse for any of the following purposes:

• To maintain public safety;
• If they are within the dangerous proximity to a fire, or other hazard;
• Any other emergency as deemed necessary by civil local, or state officials, or criminal law enforcement entities.

These offenses will be charged as Class 1 Misdemeanors, and expose a person to jail, and other penalties.

A person will also be guilty of Disorderly Conduct if with intent and knowledge, displays or discharges a firearm, other deadly weapon, or dangerous instrument. This offense will be charged as a Class 6 Felony, exposing a defendant to prison, and other harsh penalties.


Criminal Defense Attorney for Disorderly Conduct in Tempe, AZ

Disorderly Conduct charges are not always justified, are often vague in nature. For these reasons criminal defense attorneys can often get them dismissed. You should never plead guilty before consulting an experienced criminal lawyer about your matter. If retained they will evaluate your case and determine what defenses may be used based on your circumstances. They will tell your side of the story; protect your rights; defend your charges; and work to get you the best possible outcome in your case.

Additional Resources:

Disorderly Conduct Laws

Arizona Department of Public Safety – Crime Statistics 2011

• Tempe Police Department – Resources

• Tempe City Court

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Super Extreme and Drug DUI laws and penalties apply to all motorists driving in Arizona
A criminal superior court judge in Northern Arizona was arrested on Super Extreme DUI charges, Sunday morning, December 9, 2012. He was stopped by police after swerving into oncoming traffic.

It was reported in the media that his Blood Alcohol Content (BAC) level exceeded the Super Extreme limit which is 0.20%. The suspect allegedly admitted to being under the influence of prescription drugs. The Judge was not at his bench on Monday, and the court reported that was allegedly assigned to non-judicial duties due to a personal matter.

In Arizona it is illegal to drive “Impaired to the Slightest Degree” due to alcohol or drugs. Prescription drugs, especially for pain, often have adverse impacts on driving. When drugs and alcohol are combined, they can prove to be particularly impairing on a motorist’s ability to drive.

A mistake in judgment can easily result in a criminal offense. A DUI conviction can result in harsh criminal penalties including jail, driver’s license suspension, and other civil penalties, as well as other consequences. If you will be driving in Arizona, you should understand the side effects of any drugs you take; and be familiar with Arizona DUI laws and consequences of a conviction.

Arizona Drug DUI Laws

A.R.S. 28-1381. (A). Under Arizona law it is illegal to drive or be in actual physical control of a vehicle, “impaired to the slightest degree”, while under the influence of:

• Alcohol;
• Drug, or toxic substance (including over-the-counter, prescription, other legal or illegal drugs; or
• Any combination of liquor, and drugs
First offense drug DUI charges are treated are very similar to those of an alcohol DUI with a BAC of 0.08%, and categorized as a Class 1 Misdemeanor. Penalties for conviction include:

• 10 days jail;
• Fines, fees, costs of $1,200.00
• Installation of Court ordered Ignition Interlock Device on vehicle for at least 6 months;
• Drug/Substance abuse screening, counseling or treatment which if completed, will reduce jail term;
• Suspension of Driver’s License for 90 days;
• Probation and/or
• Community Service

Super Extreme DUI laws in Arizona

A.R.S. 28-1381. (A)(2)(B). A motorist driving with an Alcohol BAC of 0.20 or more will be found guilty of Super Extreme DUI. A super Extreme DUI is a Class 1 Misdemeanor;
If a person is found to be driving with a BAC of 0.20 they will also be cited with “Impaired to the Slightest Degree”; 0.08% BAC DUI; 015% or more Extreme DUI and 0.20% Super Extreme DUI for up to 4 citations in one stop.

Penalties for a first offense Super Extreme DUI include
• 45 days in jail;
• Fines, fees, costs of $2,500.00
• Drug/Substance abuse screening, counseling or treatment which if completed, will reduce jail term;
• Installation of Court ordered Ignition Interlock Device on vehicle for at least 18 months;
• Suspension of Driver’s License for at least 90 days;
• Probation and/or
• Community Service

Criminal Defense Attorney for Super Extreme DUI charges Gilbert AZ

Penalties for DUI if convicted will usually result in other life altering consequences such as termination or suspension of job. It is important to consult an experienced criminal defense attorney before going to court to discuss your matter, and options for defense. The penalties for any DUI in Arizona are some of the toughest in the country. You should never plead “Guilty” without being represented by an effective criminal defense lawyer. There may be defenses you are not aware of, that can lead to a dismissal, reduction or charges, or a reduction of harsh penalties. They will guide you through all phases of the criminal justice process; protect your rights; defend your charges; and work to get the most favorable resolution to your case.

Additional Resources:

Drug DUI and Super Extreme DUI laws

Gilbert AZ Police Department

Alcohol/Substance Abuse Counseling and Treatment Providers

Arizona Department of Health Services – Behavior Health Resource Links

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“Why Mesa criminal lawyers will advise you to hire an experienced criminal Attorney to defend your burglary charges in Mesa AZ”
Mesa AZ Burglary Charges
Burglary charges are considered to be victim crimes. Any crime against a victim is considered to be a serious offense. If you were arrested on burglary charges in Mesa AZ, you should consult a criminal lawyer who is experienced at defending Mesa burglary charges as soon as possible. There are different levels of burglary charges in Arizona, and all of them are categorized as felonies. Any felony conviction exposes you to potential prison sentencing along with other harsh penalties.

http://www.youtube.com/watch?v=f2a59QBKIM0

Arizona Burglary Laws
Arizona Law describes burglary under A.R.S. Chapter 15 13-1501 “CRIMINAL TRESPASS AND BURGLARY”. The different levels vary depending on the circumstances surrounding the offense. In general the law describes burglary as the act of entering property unlawfully.

Below are some Arizona Burglary Law facts:
• A person can be arrested or convicted of burglary if they “intended” to steal something, even if they did not take anything.
• Burglary to a residential property is more serious, than burglary to commercial property.
• A person or an accomplice must possess “knowledge” that the person committing the burglary is used or possessed a firearm, explosive, or other deadly weapon in order to be convicted of “First Degree Burglary” (the most serious);
• It is not necessary for the building or area to have been locked to be convicted;
• It is not necessary for a person to be in the building during the burglary, in order to be convicted;
• Burglary is often coupled with other criminal charges such as Criminal Trespassing or other charges that often occur simultaneously with a burglary;
• All burglaries are charged as felonies and expose the defendant to prison sentencing.
Arizona Burglary Classifications:
Burglary charges classifications are outlined under A.R.S. Chapter 15 “CRIMINAL TRESPASS AND BURGLARY” 13-1505, 13-1506, 13-1507, and 13-1508. Here are the main classifications of burglary under Arizona Law:
• A.R.S. 13-1505: Possession of Burglary tools; (Class 6 Felony);
• A.R.S. 13-1506: Third Degree Burglary (Class 4 Felony);
• A.RS. 13-1507: Second Degree Burglary (Class 3 Felony);
• A.R.S. 13-1508: First Degree Burglary; (Class 3 -commercial / Class 2- residential)
Burglary classifications range from Class 6 Felonies (least severe) to Class 2 Felonies (most serious). The only classification more serious than Class 2 First Degree Burglary is a Class 1 felony. Class 1 felonies are reserved for the most serious crimes of homicide or the taking of another person’s life.

Arizona Burglary Sentencing Guidelines
Arizona Burglary Sentencing falls under A.R.S. Chapter 7 “SENTENCING AND IMPRISONMENT” 13-701 to 13-706 which applies to burglary sentencing.
All Felony Classification have sentencing ranges of minimums to maximums with regard to the length of prison terms. Sentencing Guidelines the court considers when determining the sentencing depends of many factors. Below are some considerations:
1) The presence of mitigating verses aggravating factors;
2) Repeat offense verses first time offense;
3) Criminal record;
4) Existence of violence or harm to victim (s);
5) Extent of harm to victim (s);
6) Involvement or possession of a gun, or other deadly weapon in the burglary;
7) Nature and value of property stolen;
8) Extent of damage to the vehicle, building or other property resulting from the burglary;
9) Other criminal offenses committed with the burglary (such as trespassing, or assault).

Criminal Defense Lawyer for Burglary Mesa AZ
Particularly with serious crimes it is easy to forget that every defendant is innocent until proven guilty. By law the accused has a right to defend their Mesa AZ charges. But keep in mind that it is unwise to try to defend such serious charges without representation by a qualified criminal defense attorney. A conviction for charges as serious as burglary will change your life forever and detriment every aspect of it, beginning with your future and freedom.
This is why Mesa criminal lawyers will advise you to hire an experienced criminal attorney to defend your Mesa AZ burglary charges. A good criminal defense lawyer will defend you; protect your rights; assure you will be treated fairly; and fight to get your Mesa AZ burglary charges dropped, or if that is not possible, will alternatively attempt to get charges and sentencing reduced so that they have the least impact as possible on your life.
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Law Office of James Novak
4500 S. Lakeshore Drive
Tempe AZ 85282
(480) 413-1499
www.Arizonacriminaldefenselawyer.com
www.novakazlaw.com
www.arizonacriminaldefenseattorneyblog.com

www.phoenixduilawyerblog.com

Arizona DUI & Criminal Defense
Serving Tempe, Mesa, Chandler, Gilbert, Mesa, Phoenix AZ
Free Consultation! Call (480) 413-1499

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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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