Recently in Disorderly Conduct Category

July 26, 2010

15 Defenses That Can be Used to Beat Your Disorderly Conduct Charges

It is important to contact a Phoenix Disorderly Conduct defense attorney if you face Phoenix Disorderly Conduct, or an Arizona Criminal Attorney who frequently defends
Phoenix Disorderly Conduct Charges.

"Disorderly conduct" is also known as "disturbing the peace" and is a very common Phoenix Arizona criminal charge in Phoenix. Police sometimes overuse it. Often it is used as a "catch all" charge. Generally, it is used if the police officer can not find a more appropriate charge for what they feel has been annoying or disruptive behavior. It is a very subjective charge so it can be fundamentally challenged by a good Criminal Defense Attorney who practices in Phoenix, Arizona.

Many different circumstances can warrant the police to issue disorderly conduct charges for what Arizona sees as a crime committed under the following circumstances (this list is not exhaustive):
• Engaging in physical violence
• Offensive speech to other person (s)
• Playing music too loud a party
• Disruptive or loud celebrations
• Engaging in a fight or combative activity with another
• Making any other type of "unreasonable" noise which disturbs others
• Making disturbance by shouting or use of profanity in public
• Provoking another person into an altercation
• Behavior that disrupts or interferes with a business or it's customers
• Refusal to depart from a scene or location, where you were asked to leave by civil authorities such firefighters or other emergency crews.
• Recklessly displaying or waving a firearm, which frightens others.
• Being disrespectful, or disobedient to a Police Officer, or other law enforcement.

The formal description of Disorderly Conduct is found in "Arizona Criminal Code "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 a potential of up to 6 months in prison and fines of $2,500. If the Phoenix Disorderly conduct charges involve firearm, they will be charges as a class 6 felony charges. Felony disorderly conduct carry maximum sentencing penalties that include, one year in prison, and 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.

What a Phoenix Disorderly Conduct Attorney can do for You.
A good Phoenix Disorderly Conduct Attorney with gather, and examine all evidence. They will build and mount the best defense case that will challenge the prosecution head on. The police and prosecution have the burden of proving that the charges were well founded and justified. Your Phoenix Criminal Defense Attorney will make sure your constitutional rights were not violated during the events, arrest and thereafter. They will evaluate probable cause, justifiability of your actions, and formulate a defense based on these factors. Here are 15 defenses that can be used to beat your Phoenix Disorderly Conduct charges. This list is not exhaustive:

1) You were protecting a loved one
2) You were not the one causing the disturbance
3) There were no other witnesses, no evidence, no proof, no reports by the public of disturbing behavior on your part
4) The police officer's behavior was provocative, threatening, or intimidating
5) The police were mistreating you or a loved one and you acted appropriately and not disrespectful according to witnesses, video, or voice recording
6) Police brutality against you
7) The police officer simply did not like you, or the way you responded, and had nothing else to charge you with
8) Your responses were constitutionally protected in the right to "free speech". You were not using so called "fighting words" that would provoke physical retaliation, nor was your tone inappropriate.
9) The police accused you of having "an attitude" against him. However, the police will be forced to testify that he or she is not familiar with your normal personality characteristics and your typical facial expressions, sound of your voice, or attitude in a perfectly normal situation.
10) Your actions were in self-defense
11) Your Constitutional Rights were violated.
12) Objective and credible witness statements contradict what the police accused you of saying or doing, and there is not other evidence to dispute the witness statements.
13) The police officer has a history of disciplinary actions due to abusive or bullying behavior. In contrast, you have no criminal records, no history of being in trouble, or being disrespectful in public, and no cause or evidence exists of such.
14) You were reported as being in a physical fight with another person, but witnesses testify that the other party started a fight, that you did not provoke in any way. Further, you had no alternative but to protect yourself, and subdue the offensive.
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"

If you face disorderly conduct charges in Phoenix Arizona, it is best that you contact an experienced Phoenix criminal attorney or Phoenix Disorderly Conduct Attorney. Too much is on the line. An experienced disorderly conduct attorney or good Phoenix criminal attorney often can get these cases completely dismissed, given the subjective nature of disorderly conduct charges.

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

Continue reading "Phoenix Disorderly Conduct " »

July 24, 2010

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).

Continue reading "Gilbert Disorderly Conduct " »

July 21, 2010

15 Defenses Good Scottsdale Disorderly Conduct Attorneys Use to Challenge Them

"Experienced Arizona Criminal Defense Attorneys can often get these cases dismissed".

If you have been charged with Disorderly Conduct in Scottsdale, you should consult a Scottsdale Disorderly Conduct attorney or an Arizona Criminal Lawyer who frequently defends clients against Disorderly Conduct Charges in Scottsdale, Arizona.

The terms "Disorderly conduct" are often used interchangeably with "disturbing the peace". Criminal Attorneys feel Disorderly Conduct Charges are overused citations. Often times, police use them as "catch all" charges, especially if they don't have anything else to charge you for. Sometimes they are simply 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 subjectivity of disorderly conduct charges, they can be easily challenged by an experienced Criminal Defense Attorney who defends disorderly conduct charges in Scottsdale, Arizona on a regular basis.

Some offenses which result in disorderly conduct in Arizona can include such behaviors as follows: Speech 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, disrespectfulness 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 punishments depend upon the circumstances, and whether or not a weapon was involved, or if it was a repeat offense.

Scottsdale Disorderly Conduct Defenses
An experienced Scottsdale 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 Scottsdale 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 an experienced Scottsdale Disorderly Conduct Attorney may use to defend your case:

1) You were attempting protect someone who could not protect themselves
2) You were the wrong person charged (this often applies when groups of people or multiple persons are involved in civil assemblies that turn violent)
3) No witnesses, video, audio, or other evidence to prove you displayed disorderly conduct.
4) You acted under threat, provocation or intimidation.
5) The Necessity Defense
6) Police Brutality
7) No other justifiable reason for charges, other than the police officer was annoyed with you.
8) You were exercising your right to "free speech" under the Constitution in an approved location, in an appropriate, orderly and peaceful fashion.
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) 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 altercation
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 Scottsdale, Arizona, if you face charges. Experienced Criminal Defense Attorneys can often get these cases dismissed".

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

Continue reading "Scottsdale Disorderly Conduct " »

July 17, 2010

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).

Continue reading "Gilbert Disorderly Conduct " »

July 14, 2010

15 Defenses

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

If you have been charged with Disorderly Conduct in Chandler, you should consult a Chandler Disorderly Conduct attorney or an Arizona Criminal Lawyer who frequently defends clients against Disorderly Conduct Charges in Chandler, Arizona.

The terms "Disorderly conduct" are often used interchangeably with "disturbing the peace". Criminal Attorneys feel Disorderly Conduct Charges are overused citations. Often times, police use them as "catch all" charges, especially if they don't have anything else to charge you for. Sometimes they are simply 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 subjectivity of disorderly conduct charges, they can fundamentally be challenged by an experienced Criminal Defense Attorney who often defends disorderly conduct charges in Chandler, Arizona. .

Some situations which can cause police to charge you with disorderly conduct in Arizona 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, disrespectfulness 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 punishments depend upon the circumstances, and whether or not a weapon was involved, or if it was a repeat offense.

Chandler Disorderly Conduct Defenses
An experienced Chandler 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 Chandler 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 Chandler Disorderly Conduct Attorney might use in your defense:

1) You were protecting someone
2) You were the wrong person charged
3) No witnesses, video, audio, no evidence of disorderly conduct exists
4) You acted under threat, provocation or intimidation.
5) Necessity
6) Police Brutality
7) Police were simply annoyed with you.
8) You were exercising your right to "free speech" under the Constitution, while in an appropriate location. You were expressing yourself timely, orderly and peacefully.
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) The police violated other Constitutional Rights not mentioned
12) Credible witness statements overwhelmingly differed from the police officers statement of facts
13) The police officer possessed a Personnel History of disciplinary actions due to bullying behavior, or use adverse behaviors against those apprehended in the past.
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 Chandler, Arizona, if you face charges. Experienced Chandler Criminal Attorneys can often get these cases dismissed.

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

Continue reading "Chandler Disorderly Conduct " »

July 12, 2010

Arizona Disorderly Conduct Laws, and Penalties

If your are charged in Arizona with Disorderly Conduct, you will need to contact an Arizona Disorderly Conduct Attorney, or Arizona Criminal Lawyer who frequently defends disorderly conduct charges.

"Disorderly conduct" or "disturbing the peace" is a common Arizona Criminal charges. It's used by police broadly to charge or arrest of any type disruptive behavior. It does not sound fair, but the truth of the matter is that the police will often charge or arrest someone for disorderly conduct, if they are irritated with you or they can't find anything else with which to charge you. It is subjective in nature, any many times overstated, making them easy to challenge by an experienced Arizona Disorderly conduct Attorney.

Common disorderly conduct charges result from loud music, disruptive parties, shouting at or arguing with another person (s) in public, or other behaviors that make others in the vicinity feel fearful, upset, or extremely discontented, due to your actions. However, the circumstances can dictate how severe the charges and penalties will be if convicted.

There are a number of circumstances that may warrant a disorderly conduct charge:
• engaging in fighting or seriously disruptive behavior
• making "unreasonable" noise
• using abusive or offensive language to try and provoke someone
• making a commotion to disrupt business
• refusing to leave an area as directed by officials (for instance: the scene of a fire or emergency)
• recklessly handling or displaying a firearm. Any of these must be done with intent to disturb the peace of a neighborhood, family, or persons.

Penalties for Disorderly Conduct in Arizona
In most situations, disorderly conduct is a class 1 misdemeanor. Class 1 misdemeanors are the highest level of misdemeanor in the State of Arizona. They carry a potential of up to 6 months in prison and fines of $2,500. But if the charges involving a firearm, it is considered a class 6 felony.

Felony disorderly conduct carries a maximum penalty of one year in prison. Such a conviction will give you a criminal record as a felon, and is something

13-2904. Disorderly conduct; classification
A. A person commits disorderly conduct if, with intent to disturb the peace or quiet of a neighborhood, family or person, or with knowledge of doing so, such person:

1. Engages in fighting, violent or seriously disruptive behavior; or

2. Makes unreasonable noise; or

3. Uses abusive or offensive language or gestures to any person present in a manner likely to provoke immediate physical retaliation by such person; or

4. Makes any protracted commotion, utterance or display with the intent to prevent the transaction of the business of a lawful meeting, gathering or procession; or

5. 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; or

6. Recklessly handles, displays or discharges a deadly weapon or dangerous instrument.

B. Disorderly conduct under subsection A, paragraph 6 is a class 6 felony. Disorderly conduct under subsection A, paragraph 1, 2, 3, 4 or 5 is a class 1 misdemeanor.
If you have been charged with a disorderly conduct charge in Arizona, your best chance to fight these charges and win is to hire an Arizona Disorderly Conduct Attorney. They will gather the evidence and examine it to determine what will be the best defenses to use in your particular set of circumstances that will get you the best outcome in your case.

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

Continue reading "Disorderly Conduct AZ" »

June 17, 2010

"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).

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