Most people know of Disorderly Conduct as an offense that is commonly referred to as “disturbing the peace.” Anytime there is a fight, verbal argument, or other disruptive behavior there is potential for Disorderly Conduct charges. Disorderly Conduct may be charged in El Mirage under the following circumstances:
How Disorderly Conduct is Charged?
If, with intent to disturb the peace or quiet of a neighborhood, family or person, or with knowledge of doing so, a 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.
As you can see in the chart below, Disorderly Conduct arrests have increased in El Mirage in recent years.
Penalties For Disorderly Conduct Charges
Most cases involving Disorderly Conduct are charged as class 1 misdemeanors. In fact, of the six types of Disorderly Conduct above, only the final subsection (number 6) is considered a class 6 felony offense.
The penalties for Disorderly Conduct as a class 1 misdemeanor may include up to 180 days in jail, 3 years of probation, and a $2,500 fine plus surcharges.
If charged with Disorderly Conduct as a class 6 felony, the potential penalties increase substantially. A class 6 felony carries a penalty of 4 months to 2 years in prison, up to 3 years of probation, and a fine of up to $150,000 plus surcharges. This is for a first-time felony offender. If Disorderly Conduct is charged as a “dangerous” felony, because of the use of a deadly weapon or dangerous instrument, then the penalty is increased to a mandatory prison term of 1.5 to 3 years. Probation is not available for a dangerous felony. This is often charged when someone flashes a gun during a fight without intentionally pointing the firearm at anyone.
In addition to jail, prison, probation, and fines, a person convicted of disorderly conduct will have a permanent criminal conviction on their record. If convicted of a felony, a person will lose certain civil rights, including the right to possess a firearm, vote, hold public office, or serve on a jury.
Free Consultations for Disorderly Conduct Charges
Although Disorderly Conduct or “disturbing the peace” may be a catch-all charge in the event of a fight or other altercation, this does not take away from the serious penalties and lasting consequences that a conviction will bring. A criminal record can lead to issues obtaining or maintaining employment, finding housing, getting approved for a loan, or obtaining a professional license.
Get Help From an Effective Defense Attorney with Your El Mirage Disorderly Conduct Charges
If you are facing Disorderly Conduct charges, finding the right attorney can make a huge difference in your case. The attorneys at the Rosenstein Law Group will fight to make sure that your rights are protected and that you receive justice. Our goal is to have charges dismissed so that you can maintain your clean record. If a dismissal cannot be achieved, we may be able to negotiate reduced charges or penalties. In any case, we are prepared to go to trial to challenge the state’s evidence and bring your side of the story to light.
Contact the Rosenstein Law Group at 480-248-7666 or online to schedule a free consultation and case evaluation for your Disorderly Conduct charges.