Tempe Disorderly Conduct 15 Defenses

June 17, 2010
By James E. Novak, P.L.L.C. on June 17, 2010 7:22 AM |

"Experienced Tempe Criminal Attorneys can often get these cases dismissed"

If you face Disorderly Conduct charges in Tempe, you should consult a Tempe Disorderly Conduct attorney or a Tempe Criminal Lawyer who frequently defends Disorderly Conduct Charges in Tempe, Arizona.

The terms "Disorderly conduct" are also known as "disturbing the peace". Criminal Attorneys feel Disorderly Conduct Charges are overused. Police use them as "catch all" charges, especially if they don't have anything else to charge you for. Sometimes they are just annoyed with you and want to charge you with something---anything. It is common to see it charged in conjunction with other offenses for example, DUI, domestic violence, or assault. Because of the subjective nature of disorderly conduct charges, they can fundamentally be challenged by an experienced Tempe Criminal Attorney who often defends disorderly conduct charges in Tempe, Arizona. .

Some circumstances for which the police may charge you for disorderly conduct in Tempe can include the following: use of speech or profanity that others consider offensive, loud music, disruptive parties, assault, fighting, shouting, use of profanity in public, provocation, disturbing the peace in a business or the peace of its customers, refusing to leave a location when asked by an owner, manager, or police, waving or endangering display of a firearm, or disobedience toward a police officer.

Disorderly Conduct falls under Arizona Criminal Code 13, "A.R.S. 13-2904. Disorderly conduct; classification..."

Disorderly Conduct charges can be charges as class 1 misdemeanor. Class 1 misdemeanors are the highest level of misdemeanor in the State of Arizona. They carry upwards of 6 months in prison and fines of $2,500. If the charges involve a firearm, they will be charged as a class 6 felonies. A felony disorderly conduct charge carries maximum penalties that include one year in prison, a felony criminal record, loss of right to bear firearms, probation, and other penalties ordered by the court. The severity of the penalties depends upon the circumstances, whether a weapon was involved, or if it was a repeat offense.

Tempe Disorderly Conduct Defenses
An experienced Tempe Disorderly Conduct Attorney will gather, and examine all evidence; and build the best defense based on the unique circumstances of your case. The State of Arizona and Prosecution bear the burden of proving disorderly conduct charges were justified. Your Tempe Criminal Lawyer will determine if your constitutional rights were violated, evaluate for probable cause, justifiability of your actions, and through the proper legal channels present your side of the story.

Here are at least 15 defenses that a good Tempe Disorderly Conduct Attorney might use in your defense:
1) You were protecting someone
2) You were the wrong person charged
3) Lack of witnesses or evidence
4) Your actions were provoked due to threat or intimidation.
5) Necessity
6) Police Brutality
7) Police were just annoyed with you.
8) You were exercising your right to "free speech" under the Constitution, while in an appropriate location. You were expressing yourself through freedom of speech in a timely, orderly and peaceful manner.
9) The police accused you of having "an attitude", with no proof or other justification. Were the police aware that you may suffer from a physical or mental disability, illness or syndrome that was mistaken for a "bad attitude"?
10) Your Actions were in self defense or defense of home, property, or family
11) Violation of other Constitutional Rights
12) Credible witness statements overwhelmingly contradicted the police officer's account of the events leading to the charge
13) The police officer possessed a Personnel history of disciplinary actions due to bullying behavior patterns.
14) Someone else started the fight.
15) Your actions were not committed "with intent to disturb the peace or quiet of a neighborhood, family or person or with knowledge of doing so..." as required by A.R.S. 13-2904. Disorderly conduct; classification"

It is important to contact an Arizona disorderly conduct attorney who practices in Tempe, Arizona, if you face charges. Experienced Tempe Criminal Attorneys can often get these cases dismissed.

If you have been charged with any Tempe Disorderly Conduct, Disturbing the Peace charges, Domestic Violence, Assault, Aggravated felony assault, DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI, Drug, Felony Drug, Dangerous Drug, Narcotics, Marijuana, any Tempe, Arizona DUI, Tempe, Arizona Drug DUI, or any other criminal charge including theft, domestic violence, drugs crimes, probation violations, robbery, computer crimes, ID theft crimes, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Tempe, Arizona Criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor).

The Law Office of James Novak is devoted to handling 100% DUI, Drug & criminal cases in Phoenix, Tempe, Chandler, Gilbert, Mesa, Scottsdale Arizona and surrounding areas valley-wide.

This post was intended to provide general information only and is not intended as specific legal advice. You should not rely upon this information alone, but should consult legal counsel regarding the application of the laws and regulations discussed and as applied to your specific case or circumstance.