Whether in the Phoenix area, or anywhere in Arizona, per A.R.S. §13-2904 "Disorderly Conduct" occurs when a person, with the intent to disturb the peace or quiet of a neighborhood, family or person, or with the knowledge of doing such, the person does one of the following activities: engage in fighting, violent or seriously disruptive behavior; makes unreasonable noise; uses abusive or offensive language or gestures to any person present in a manner likely to provoke immediate physical retaliation of such person; makes any protracted commotion, utterance, or display with the intent to prevent the transaction of business of a lawful meeting, gathering, or procession; refuses to obey a lawful order to disperse issued to maintain public safety in dangerous proximity to a fire, hazard or any other emergency; or recklessly handles, displays or discharges a deadly weapon or dangerous instrument (i.e., a gun). Many times people think of this charge as "Drunk and Disorderly," or when a couple has a loud argument to the point where the neighbors call the police.
If the crime involves the handling, display or discharge of a gun, then this can be charged as a class six (6) felony. In addition, it will also be charged with an "Allegation of Dangerousness" for the use of a deadly weapon or dangerous instrument. A first offense "Dangerous Felony" includes a mandatory minimum prison sentence of one and one half (1.5) years; a presumptive prison term of two and one quarter (2.25) years; and a maximum of three (3) years of incarceration. In addition, if the person has one (1) allegeable historical dangerous prior felony conviction, then the mandatory "prison only" sentence is three (3) years minimum; three and three quarters (3.75) years presumptive; and four and one half (4.5) years maximum of incarceration. If the person has two (2) allegeable historical dangerous prior felony convictions, then the mandatory "prison only" minimum is four and one half (4.5) years; the presumptive is five and one quarter (5.25) years; and the maximum is six (6) years of incarceration.
If the Disorderly Conduct does not involve a deadly weapon, then it can be charged as a class (one) 1 misdemeanor. The range of punishment for a class one (1) misdemeanor is probation with anywhere from zero (0) days in jail up to six (6) months in jail, and a fine of up to $2500.00 plus an 80% surcharge.
One of the most effective defenses to Disorderly Conduct is "Justification" or "Self-Defense". The key is whether a person's behavior was "unreasonable" given the circumstances. Obviously, if a person is being attacked, then it is not unreasonable to fight back. In addition, it might be necessary to take an aggressive posturing in order to defend a third party (such as the Defendant's wife or children).
In regards to defending allegations involving a firearm, it is necessary to show the prosecution that the Defendant merely possessed a firearm, and was not acting in a "seriously disruptive manner". Many times people will overreact and assume the mere presence of a firearm constitutes seriously disruptive behavior. It is important to interview all persons present in order to demonstrate that the Defendant was acting somewhat reasonably, or that even though their behavior may have been disruptive, it was not "seriously disruptive".
The "Common Defenses", which may apply in any criminal case are numerous and diverse. One of the most common defenses we encounter is a "Miranda Rights Violation". In Arizona, the standard of whether any inculpatory statement (i.e., a statement which tends to admit guilt) is admissible into evidence is based upon a "Voluntariness" standard. If we can demonstrate that the police coerced you (i.e., intimidated or tricked you) into making a confession or inculpatory statement, or that they did not properly read you your Miranda Rights, then we can suppress those statements and any evidence gathered as a direct result of those statements. In addition, "Denial of Right to Counsel" is another common defense which is often raised. This occurs when a suspect is in custody and requests to speak to their lawyer, but is denied and questioning continues. In certain cases (such as DUI) it is mandatory that you speak to an attorney as soon as possible in order to determine your rights before your body burns away the evidence of your presumably low alcohol content. Other defenses include challenging the validity of any search warrant, or whether there were any "forensic flaws" during the investigation of your case. This could include exposing flawed procedures regarding blood, breath, and urine testing; fingerprints analysis; DNA testing; ballistics; gunshot residue testing; computer analysis / "cloning hard drive" procedures; forensic financial accounting reviews; etc. Lastly, one of the most common defenses is exposing sloppy or misleading police reports which include everything from misstatements, false statements, flawed photo line-ups and inaccurate crime scene reconstruction.
It is important to hire an AV® rated law firm (the highest possible rating by Martindale Hubbell®), with the most Certified Criminal Law Specialists of any AV® rated Arizona Law Firm, per the Arizona Board of Legal Specialization. In addition, the Firm and all of it's lawyers are listed in the Bar Register of Preeminent Lawyers®. At the Law Offices of David Michael Cantor, P.C., the majority of our Attorneys are ex-Prosecutors, and all of our Attorneys know the system well. For a free initial consultation, call us at 1-888-822-6867, or click here to contact us now.
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