Phoenix DUI Lawyer Blog

15 Defenses to Use in Mesa

How to Beat Your Mesa Disorderly Conduct Charges

If you have been charged with Disorderly Conduct in Mesa, you should consult a Mesa Disorderly Conduct attorney or Criminal Defense Attorney who frequently defends clients against Mesa Disorderly Conduct Charges.

Many people use terms "Disorderly conduct" interchangeably with the terms "disturbing the peace". Many, including Mesa Criminal Attorneys feel it is an overused citation or reason for arrest. Police often overuse it as a "catch all" charge, especially if they don't have any other offense for which to charge you. Sometimes they simply issue it because they are annoyed with you. It is common to see it charged in conjunction with other offenses for example, DUI, domestic violence, or assault. It is a very subjective charge. Therefore, it can fundamentally be challenged by an experienced Criminal Defense Attorney who defends disorderly conduct charges in Mesa, 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, assault, mutual combat, shouting, use of profanity in public, provocation, disturbance of business operations or it's customers, refusal to depart from a scene or location when asked, waving a firearm, disrespectfulness or disobedient to a law enforcement official, or any other claimed public disturbance or disruptive behavior.

Disorderly Conduct is described in detail 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 charges involve a firearm, they will be charged as a class 6 felony. 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 punishments depend upon the circumstances, and whether or not a weapon was involved, or if it was a repeat offense.

Mesa Disorderly Conduct Defenses used by Criminal Defense Lawyers
An experienced Mesa 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 Mesa 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 experienced Mesa Disorderly Conduct Attorneys might use in your case:

1) You were trying to protect someone unable t protect themselves
2) You were not the correct person charged for the disturbance (this often times applies when groups of people or multiple persons are involved in civil assemblies that turn violent)
3) Lack of witnesses, video, audio, or other evidence to prove you displayed disorderly conduct.
4) You felt threatened, intimidated or provoked
5) Your actions were out of necessity and were appropriate based on the circumstances
6) Police use of brutality or unnecessary force
7) The police officer was just annoyed with you, and had no other justification of charges
8) Your right to "free speech" is protected by the Constitution. You were not using inappropriate language, threats, tone, or profanity
9) The police accused you of having "an attitude". However, the officer was not familiar with your typical attitude, personality, facial expression, voice, tone, or behavior that are normal physical characteristics.
10) Actions were in self - or in defense, defense of home, property, or family
11) Other Violations of Your Constitutional Rights.
12) Objective witness statements overwhelmingly contradict the police officers statements
13) The police officer has a history of disciplinary actions in similar circumstances.
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 a disorderly conduct attorney who practices in Mesa Arizona, if you face disorderly conduct charges. An experienced disorderly conduct attorney or good Mesa criminal attorneys often can get these cases dismissed.

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