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15 Defenses

How to Beat Your Gilbert Disorderly Conduct Charges

If you face Gilbert Disorderly Conduct charges you should contact a Gilbert Disorderly Conduct attorney or Arizona Criminal Defense Attorney who frequently defends clients against Gilbert Disorderly Conduct Charges.

"Disorderly conduct" also known as "disturbing the peace" is a Gilbert Arizona criminal charge. Many Arizona Criminal Attorneys feel it is an abused or overused charge. Police often used as a "catch all" charge, generally, if they can't find a specific offense to charge you with, or if they are annoyed with you for some reason. It is also commonly issued in conjunction with other charges such as assault, DUI, domestic violence, endangerment, many other offenses. Because it is a charge that is subjective in nature, it can fundamentally be challenged by a good Criminal Defense Attorney who defends charges in Gilbert Arizona on a regular basis.

Some actions that may cause the police to charge you with disorderly conduct in Arizona can include but is not limited to the following:

• Speech that others consider offensive
• Loud Music
• Disruptive parties or celebrations
• Physical violence or assault
• Fighting or combat with another person
• Other "unreasonable noise disturbing others
• Shouting or using profanity in public
• Provoking an altercation
• Behavior interferes or disrupts a business or it's customers
• Refusal to depart from a scene or location, where you were asked to leave by an officials such as firefighters, police, or emergency crews
• Recklessly displaying or waving a firearm
• Disrespectful, or disobedient to a Police Officer, or other Law enforcement official.

The formal description of Disorderly Conduct is found in 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 Gilbert Disorderly conduct charges involve firearm, they will be charges as a class 6 felony charges. If the disorderly conduct offense is charged as a felony, it carries maximum penalties that include one year in prison, a felony criminal record, counseling, loss of right to bear firearms, probation, and other fees. The severity of the penalty depends on the circumstances of situation, whether or not a weapon was involved, if it was a repeat offense, and other factors.

Gilbert Disorderly Conduct Defenses used by Criminal Defense Lawyers

An experienced Gilbert Disorderly Conduct Attorney with gather, and examine all evidence. They will build and mount the best defense case that will challenge the prosecutions case against you. The State and Prosecution bear the burden of proof that your charges were justified and a crimes was committed. Your Gilbert Criminal Defense Attorney will determine if your constitutional rights were violated, evaluate for probable cause, and the justifiability of your actions. Your Gilbert criminal defense attorney will a defense your case based on these factors.

Here are 15 defenses that can be used to beat Gilbert Disorderly Conduct charges.

This list is not exhaustive:
1) Protecting someone
2) Wrong person charged for the disturbance
3) No witnesses, evidence, proof, no video, no recording, no other reports from the public regarding disorderly behavior on your part.
4) You felt provoked, threatened or intimidated
5) Your actions were necessary and appropriate for the circumstances
6) Police brutality
7) The police officer simply did not like you, or overreacted with no other charges
8) Your responses were constitutionally protected in the right to "free speech". You were not using so inappropriate language, provocation, voice tone, or threats of physical violence or retaliation.
9) The police accused you of having "an attitude". However, the officer, was not familiar with your typical attitude, or behavior under normal circumstances.
10) Self-defense (home, property, family or self)
11) Violation of Your Constitutional Rights.
12) Objective and credible witness statements contradict the police officers statements in absence of evidence.
13) The police officer's personnel record and disciplinary history and actions in similar circumstances.
14) Another entity started an unprovoked fight against you
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 a disorderly conduct attorney who practices in Gilbert Arizona, if you face such charges. An experienced disorderly conduct attorney or good Gilbert criminal attorney often can get these cases dismissed, given the subjective nature of the charges.

If you have been charged with any Gilbert 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 Gilbert Arizona Criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor).