According to Arizona Law A.R.S. 13-2904, a person commits disorderly conduct if they do one of the following with the intent to disturb the peace or quiet of a neighborhood, family or person:
- Engages in fighting, violent or seriously disruptive behavior
- Makes unreasonable noise
- Uses abusive or offensive language or gestures to any person present in a manner likely to provoke immediate physical retaliation by such person
- Makes any protracted commotion, utterance or display with the intent to prevent the transaction of the business of a lawful meeting, gathering or procession
- Refuses to obey a lawful order to disperse issued to maintain public safety in dangerous proximity to a fire, a hazard or any other emergency
- Recklessly handles, displays or discharges a deadly weapon or dangerous instrument
The first 5 offenses listed above are considered Class 1 Misdemeanors. But as soon as a deadly weapon is involved, the charge is automatically increased to a Felony. The penalty for a person who has been convicted of Disorderly Conduct depends on if they were charged with a Misdemeanor or a Felony.
The range of punishment for a Disorderly Conduct Misdemeanor can be anywhere from 0-6 months in jail, a fine of up to $2500.00 with up to an 84% surcharge and up to 3 years of probation.
Felony Disorderly Conduct includes punishment of a mandatory minimum of 1.5 years in prison up to 3 years in prison for a first offense. However, if the offender has prior felony offense, the minimum prison sentence increases to 3 years.
Fortunately, these charges can be defended and reduced if you work with the right attorney. An experienced Criminal Defense Lawyer such as Charlie Naegle will know how to handle your case correctly to help you avoid jail time.
Give us a call today to set up your free consultation.