Tucson Disorderly Conduct Attorney
If you’re facing disorderly conduct charges or “disturbing the peace” charges in Tucson, it’s important that you contact a criminal defense attorney in Tucson at your earliest convenience. While disorderly conduct is usually charged as a misdemeanor unless a deadly weapon is involved or there are other aggravating factors, you could still face jail, fines, and probation.
The Law Office of Hernandez & Hamilton P.C. represents individuals charged with disorderly conduct. Call today to discuss your disorderly conduct charges.
What is Disorderly Conduct in Arizona?
Under the First Amendment of the U.S. Constitution, you have the right to assemble and to express yourself without being censored by the government. These rights are tempered by the rights of others to have a peaceful, safe existence. With these points in mind, you can attend a lawful gathering that does not threaten public safety or disturb the peace.
Types of Disorderly Conduct in Arizona
Under ARS 13-2904, the following six types of behavior can be considered disturbing the peace or disorderly conduct:
1. The subject engages in fighting, violence, or seriously disruptive behavior.
2. The subject makes unreasonable noise.
3. The subject attempts to provoke the alleged victim or disturbs the victim’s peace with abusive or offensive language.
4. The subject is exhibiting disruptive behavior with the intention of interrupting legal business or another lawful gathering.
5. The subject refuses to follow a lawful order to disperse issued by a legal authority to maintain public safety due to the dangerous proximity to a fire, hazard, or other emergencies.
6. The subject displays, recklessly handles, or discharges a deadly weapon or dangerous instrument.
One through five are considered misdemeanor disorderly conduct, while the state can bring felony disorderly conduct charges if a weapon is involved.
Disorderly Conduct Penalties and Punishments
The penalties for disorderly conduct in Arizona are relatively harsh, particularly for felony convictions. Frequently it is charged together with a domestic violence offense, that’s why you’ll need the help of a Tucson Domestic Violence Attorney.
Misdemeanor disorderly conduct cases are Class 1 Misdemeanors. If you’re convicted on a misdemeanor disorderly conduct charge, you could face up to six months in jail, $4,575 in fines, and up to three years of probation in lieu of jail.
A felony disorderly conduct is a Class 6 Felony and can carry relatively severe punishments. For a first offense, you could face up to two years in prison, fines, and probation.
Defenses to Disorderly Conduct Charges
Criminal defense attorneys frequently use the following defenses to beat disorderly conduct charges.
If a subject attacks you and you disturb the peace because you are defending yourself, a good criminal defense lawyer can use this fact to get your case dismissed. Immediate physical retaliation in self-defense is not unlawful.
Attending a Lawful Meeting
You have the constitutional right to assemble, meet, march, and protest, as long as your conduct is peaceful and does not endanger others. Oftentimes, the police make mass arrests during these events, and lawful protesters are caught up in the sweep.
Noise Was Not Unreasonable
Arizona law establishes “unreasonable noise” as a violation but does not specify what constitutes unreasonable noise. A defense attorney can often use the vagueness of the statute to compel the courts to dismiss a disorderly conduct charge.
These are just a few ways that an attorney at Hernandez & Hamilton can help you beat your disorderly conduct charges. Call today to discuss your case.
Frequently Asked Questions About Disorderly Conduct
People who have been arrested for disorderly conduct frequently have similar questions. Here are some of the most common questions our attorneys hear from individuals who have been charged with disorderly conduct:
What is the penalty for a Class 1 misdemeanor in Arizona?
If you’re convicted of a Class 1 misdemeanor disorderly, you could face six months in jail and fines. The judge could assign you up to three years probation in lieu of jail time.
What if I have a prior felony conviction and I’m charged with a Class 6 Felony?
This largely depends on the nature of your arrest. If the weapon you were brandishing was a gun, you could also be charged with a Class 4 Felony if your gun rights have not been restored. These can be charged as separate offenses, which means you could face severe penalties, particularly if you have a criminal record.
How long does disorderly conduct stay on your criminal record?
For all intents and purposes, a disorderly conduct charge stays on your record indefinitely unless it is removed by a judge.
Tucson Disorderly Conduct Lawyers
At the Law Office of Hernandez & Hamilton, P.C., we recognize that a disorderly conduct charge is not always what it seems. Our Tucson disorderly conduct attorneys will do everything in our power to reduce your charges. Call today to discuss the details surrounding your arrest with one of our lawyers.