Gilbert Disorderly Conduct Lawyer

Are you facing disorderly conduct charges? This area of criminal law can be confusing, but a conviction can significantly disrupt your life. Gilbert's disorderly conduct should not be taken lightly. All criminal charges are serious.

Many in Gilbert, Arizona, refer to this as disturbing the peace. Due to the broadness of the law (or statute), police can abuse the disorderly conduct charge daily and use it in just about any circumstance. Our Gilbert disorderly conduct lawyers at Genesis DUI & Criminal Defense Lawyers often find that the Gilbert police department will include a disorderly conduct charge in just about any other criminal charge. Learn more about these charges below. Then, contact us for a free consultation.

Let Our Gilbert Disorderly Conduct Lawyer Fight for You

If law enforcement officers charge you with disorderly conduct, you need our law firm to help immediately. Sometimes, these charges come in conjunction with other criminal charges. In other cases, they might be charged alone. Regardless, the penalties are stiff, and you must form the strongest possible defense. Our law office has the experience you need. We can formulate a robust disorderly conduct defense.

Why Could You Be Charged With Disorderly Conduct?

The law or the statute ARS 13-2904 prohibits the following types of conduct. As you can see, many of the behaviors below are broad and have been used to unnecessarily arrest Gilbert, Arizona residents:

1. Engage in a fight, act of violence, or seriously disruptive behavior.
2. Make unreasonable noise.
3. Use abusive or offensive language or gestures likely to provoke immediate physical retaliation.
4. Make protracted commotion, utterance, or display with the intent to prevent the transaction of the business of a lawful meeting or procession.
5. Refuse to obey a lawful order to disperse issued to maintain public safety in dangerous proximity to a fire, a hazard, or any other emergency.
6. Recklessly handle, display, or discharge a deadly weapon or dangerous instrument.

What Are the Penalties for Disorderly Conduct in Gilbert?

Disorderly conduct charges in Gilbert, Arizona, can result in severe consequences, affecting your personal and professional life. Understanding the potential penalties for these charges is crucial to preparing a proper defense.

Below is an overview of the penalties associated with disorderly conduct in Gilbert:

• Felony Disorderly Conduct: When charged with disorderly conduct involving a deadly weapon or dangerous instrument, it's a class 6 felony with a maximum of 2 years of imprisonment. (see ARS 13-702)
• Misdemeanor Disorderly Conduct: Unless the charge involves a deadly weapon or dangerous instrument or aggravated, disorderly conduct is a class 1 misdemeanor. A class 1 misdemeanor carries $3600 in fines and surcharges, up to 6 months in jail, and a maximum of 3 years of probation. Should you be convicted of domestic violence disorderly conduct, you will most likely lose the right to own or possess firearms. You must complete at least 26 weeks of the State's mandated domestic violence program.

Do Not Leave Anything To Chance

As Criminal Defense Lawyers in Gilbert, AZ, we know that felony convictions include more severe punishments, including prison, higher fines, and harsher probation. Someone charged with disorderly conduct could face up to two years in prison if the felony disorderly conduct is charged as a dangerous offense. However, often, felony disorderly conduct is charged with an allegation of dangerousness because a deadly or dangerous instrument was used.

Expected Sentences

When convicted of a felony disorderly conduct, probation is not offered. Should it be your first offense of dangerous disorderly conduct, you possibly will face between 1.5 and 3 years in prison. However, if you have a record of felony convictions, you could face as much as six years in prison. Once convicted of a felony in Gilbert, you will face a loss of civil rights and gun rights. We have seen felony convictions severely impact employment, finances, civil rights, and future opportunities. Because of the consequences of such a broad law, you need to be aggressive in choosing the right disorderly conduct attorney in Gilbert when you are arrested and charged with disorderly conduct.

Defense Strategies We Might Use

The person charged didn't have the right state of mind.

To be charged, you must have intended to disturb the peace or known that your conduct was disturbing the peace. If it was simply a reasonable mistake or accident, it's not a criminal charge. If you have been charged with disorderly conduct for disturbing the peace of a neighborhood, your conduct may be measured against an objective standard, and the state doesn't need to prove a particular person was disturbed. It's enough if Defendant, at least, should have known that the conduct would have disturbed the peace of anyone in the neighborhood.

If, instead, you are charged with disorderly conduct for disturbing the peace of someone, in particular, the state MUST prove that you knowingly disturbed that victim's peace or that you intended to disturb that his or her peace. The statute defining disorderly conduct doesn't require that one disturb the peace of another through certain acts. Rather, the statute requires the commission of certain acts intending to disturb the peace or with knowledge of so doing.

There was no criminal act.

The Arizona law clearly states that the disorderly conduct statute is not unconstitutionally broad or ambiguous; however, the statute's broad language can often help you or someone charged with a disorderly conduct crime. This is because a criminal defense lawyer can point out the shortcomings of the alleged conduct as compared to previous Gilbert, Arizona court decisions interpreting the disorderly conduct statute. There's a difference between merely rude or offensive behavior and criminal conduct.

The state of Arizona criminalizes behavior under the disorderly conduct statute only when it involves fighting, violence, or seriously disruptive behavior. Seriously disruptive behavior is of the same general nature as fighting or violence or conduct liable to provoke that response in others. The disruption must be serious—something that causes considerable distress, anxiety, or inconvenience.

1st Amendment, Free Speech

The right to free speech is protected by the First and Fourteenth Amendments to the United States Constitution. The right to free speech, however, is not absolute. The Constitution doesn't allow fighting words. Fighting words that inflict injury or tend to incite an immediate breach of the peace are not afforded constitutional protection. Fighting words are those words that are inherently likely to provoke a violent reaction when addressed to the ordinary citizen. Offensive language is not disorderly conduct unless it amounts to fighting words.

The Top Benefits of Partnering With Our Team

Our lawyers can provide the following benefits when representing you against disorderly conduct charge:

• Transparent Flat Fees and Payment Plans: We know that one's stress, once charged with disorderly conduct, can be severe. We want to be as transparent as possible and keep the cost of your defense upfront with no hidden fees or costs.
• Attention and Excellent Communication: We use a team approach, and we have seen this have the best results for our clients. Many prosecutors and judges have a predisposition to certain lawyers. In our experience, we have seen the outcome of a case be drastically different solely because of the personality of the defense attorney and his or her relationship with a judge or prosecutor.
• Disorderly Conduct Case Evaluations: We would love the opportunity to represent you with your disorderly conduct charge. However, we know that every case is unique, as well as the circumstances surrounding it. We don't take all cases. Call us to schedule a time for one of our defense attorneys to review your case.

Contact Our Gilbert Disorderly Conduct Lawyer To Schedule a Free Consultation

Being charged with disorderly conduct is serious. You must have the strongest possible defense. At Genesis DUI & Criminal Defense Lawyers, we put your needs first. We will explore every possible defense available and customize it to match your case. Schedule a legal consultation with our Gilbert disorderly conduct lawyers today to discuss your Gilbert disorderly conduct charges.