Disorderly conduct is a broad category of offenses that can involve almost any act that disturbs the peace. Because there are so many acts that can be classified as disorderly conduct, disorderly conduct charges can be as tricky to defend as they are to define.
A crucial first step is developing an understanding of Arizona’s disorderly conduct laws and the charges against you. This knowledge can help you determine which penalties you may be facing. Then, the next step is to consult with an attorney, develop an effective defense strategy, and learn how to beat a disorderly conduct charge in Arizona.
What Is Disorderly Conduct in Arizona?
According to ARS § 13-2904, an individual who purposefully disturbs the peace of a family, individual, or neighborhood is committing a disorderly conduct offense. This behavior includes:
- Starting a fight or displaying violent behavior
- Making excessive noise
- Using foul language or gestures
- Disrupting public gatherings
- Dangerously or recklessly handling a weapon
- Refusing to obey orders designed to protect the safety of the public during an emergency
When a disorderly conduct charge involves the behaviors listed above, it can result in a Class 1 misdemeanor charge, which is the most severe level of misdemeanor. However, disorderly conduct charges can be classified as either a misdemeanor or a felony charge, depending on the severity of the offense. Disturbing the peace while also dangerously or recklessly handling a weapon is a Class 6 felony.
In many cases, disorderly conduct charges are levied against an individual displaying loud and obnoxious behavior in a public space. Intoxication can often contribute to this behavior, as alcohol can affect a person’s ability to make wise decisions. Because of this, intoxication and disorderly conduct charges tend to be synonymous, but alcohol is not a required factor.
For the court to convict a defendant of disorderly conduct, the prosecution must prove that the defendant understood that their actions were disturbing the peace. If charges involve disturbing the peace of a neighborhood, the prosecution is not required to prove that one particular person was negatively impacted by the defendant’s actions. However, when the charges involve disturbing the peace of a particular individual, there must be evidence that the actions were intended to cause a disturbance. If the defendant’s actions were simply obnoxious and offensive but without criminal conduct, then there may be no legal grounds for a disorderly conduct charge.
Will I Go to Jail for a First-Time Misdemeanor in Arizona?
First-time misdemeanor Arizona penalties include fines of up to $2,500 or jail time of up to six months (ARS 13-707). Still, if you have been charged with a disorderly conduct misdemeanor for your first offense, you will likely face a fine only, as jail time is unlikely for a first-time minor offense. Even if the court decides jail time is necessary, you will likely serve time in the county jail rather than in state prison. In certain situations, the judge may decide to give you probation rather than send you to jail. The maximum probation that you can receive for a Class 1 misdemeanor is up to three years.
As with all crimes, circumstances matter. In many instances, a disorderly conduct charge can be charged as a Class 1 misdemeanor, which involves more serious consequences than Class 2 or 3 misdemeanors. Keep in mind that the penalties you receive are dependent upon whether or not you have any prior convictions.
What Counts as Offenses Against Public Order?
Offenses against public order involve actions or behaviors that a person knowingly participates in that are a violation of criminal law. These offenses often have no specific victim but instead are crimes that go against what is considered socially acceptable behavior. Below are some common examples of what are considered public order offenses.
Public Intoxication
Becoming drunk in a public space is not a crime, but it can become a crime if a person who is drunk starts to display disruptive behaviors. Public intoxication becomes disorderly conduct and is considered a public order offense when it violates ARS 13-2904. The statute describes situations where an individual becomes intoxicated, loud, and violent, uses offensive language, causes a commotion that prevents a legal or business proceeding, does not cooperate with police officers, or handles a weapon in a reckless manner.
Drinking in certain public areas is considered illegal, including on the street or in certain gathering spots, as outlined in Arizona Code 4-244-20. This does not include areas that are owned privately or that are considered recreational areas. Charges of public intoxication do not necessarily mean that an individual is drunk in public but instead drinking in an illegal public area.
Unlawful Assembly
According to ARS 13-2902, unlawful assembly involves at least two people who have gathered in one space for the purpose of taking part in behaviors that could lead to a riot or if there is any believable chance of violence or a riot taking place. This charge may or may not involve violent behavior.
For example, an unlawful assembly charge can occur when an individual remains within an assembly after a riot has broken out or after being asked to leave but refusing to do so. This charge can also involve a group of people threatening public safety or preventing others from accessing government meetings or a political campaign.
Rioting
While rioting can be associated with unlawful assembly, it is different as it involves the threat of violence or force. In accordance with ARS 13-2903, a riot occurs when at least two people use threats to cause harm or utilize violent force. They may also use the immediate power of execution, which causes a disruption to the public.
Criminal Trespass
This public order offense refers to illegally entering another individual’s property without being given permission. It could also involve remaining on that person’s property despite being asked to leave. Criminal trespassing charges can fall under one of three degrees of severity.
Criminal trespassing in the first degree is defined in ARS 13-1504 as an individual wandering on to or staying on a residential property that is privately owned. It can sometimes include secretly looking into a residential building. Second-degree criminal trespassing (ARS 13-1503) typically involves entering a non-residential area or an unfenced residential yard. Third-degree trespassing (ARS 13-1502) refers to the act of staying in a privately owned space even after being asked to leave.
How to Beat a Disorderly Conduct Charge in Arizona
The law may seem vague about what is considered disorderly conduct because there are many circumstances that can lead to disorderly conduct charges. As a result, there are many disorderly conduct defenses in Arizona. Some of the most common defenses are listed below:
Lack of Intent or Accidental Behavior
To prove disorderly conduct, the prosecution must provide proof that the individual intended to disturb the peace or had the knowledge that their actions were disturbing the peace. If your behavior was not intended to be disruptive or if your actions were accidental, a criminal act was not committed. If the charges involve causing the disturbance in a neighborhood, your behavior is compared against a standard, as it is not required that one person was negatively impacted by the behavior.
Violation of Rights
If your rights, such as your right to freedom of speech, were violated, then claiming a violation may be a valid defense strategy. While freedom of speech is protected by the Constitution, it does not protect words that are considered “fighting words.” This type of speech includes words that are meant to cause harm or that cause someone to become violent. If you used offensive language rather than fighting words, you might not have committed disorderly conduct.
You also have Constitutional rights during an arrest. If the police or other authorities did not notify you of your rights, violated your right to an attorney, or violated any other procedural norm during your arrest, questioning, or the time thereafter, you may have a valid defense.
Mistaken Identity
It is possible that you were mistakenly identified as the offender, especially if there were numerous people involved in the incident. If there is proof that you were not involved in the disorderly actions, then the charges could be dismissed.
Insufficient Evidence
Another defense strategy is insufficient evidence, in which there is not enough proof to demonstrate that the offense happened beyond a reasonable doubt. Ways to show that the prosecution does not have sufficient evidence include questioning the testimonies of witnesses or the reliability of the evidence or pointing out any contradictions within the prosecutor’s case.
Self-Defense
If your charges stem from a physical altercation, this strategy may be effective. You must provide evidence that a reasonable person in the same situation would find the need to use physical force as a means of protecting themselves from harm. However, if you used physical force on another person after provoking someone to become violent, then this strategy would not be justified. Additionally, if a gun or weapon was involved, claiming self-defense is only feasible if there is the belief that a reasonable person would also find a weapon necessary to defend themselves in that same situation.
Defense of Another Person
You may also be able to claim that you became involved in an altercation because you were attempting to defend another person from harm. An individual may use physical force or threaten to use it in order to protect another person if that person would be considered justified in protecting themselves in accordance with ARS 13-404.
Defensive Display of a Firearm
Defensively displaying a firearm occurs when one party alerts a person threatening them that they have a weapon. In this case, you may have shown another party a weapon as a way of protecting yourself. This is a justifiable defense if the weapon was revealed in a way that a reasonable person would believe that it was meant to protect someone from experiencing physical force. This defense strategy would not be justified if you provoked the incident.
It is crucial for a defense strategy to match the circumstances of the case so it can effectively demonstrate your innocence. To determine which strategy will work best for your situation, it is beneficial to work with an experienced attorney who can investigate all of the details of your case.
Public Defenders vs. Private Defense Attorneys
If you are facing a disorderly conduct charge in Arizona, attorney representation is crucial. If you’ve done research on the cost of such representation, you may be wondering about a public defender’s cost in Arizona. A public defender can represent any individual in need of representation in the state, pending financial need. If you do qualify, the court will assign a public defender to you.
While a public defender can provide you with legal defense, hiring a private defense attorney for disorderly conduct cases may prove to be more beneficial. Public defenders often have excessively heavy caseloads and typically cannot devote adequate time and attention to your case. They must also handle a wide variety of case types and may not have a deep knowledge of disorderly conduct laws.
By contrast, a skilled criminal defense firm boasts a stable of qualified defense attorneys who have spent years developing knowledge regarding case types within their specialty. These attorneys have built relationships with the local legal community and are selective regarding the cases they take; a criminal defense attorney can devote significant time and energy to helping you reach a favorable outcome in your case.
Consult With an Arizona Criminal Defense Attorney
Criminal disorderly conduct charges can be distressing and disorienting, especially with the variations in penalties and defense types associated with cases of differing circumstances. If you are facing a disorderly conduct charge, it is crucial to consult with a criminal defense firm like The Valley Law Group.
Contact our team of disorderly conduct attorneys to schedule a consultation, explore your options, and begin building a strong defense for your case.
Resources:
- Arizona Revised Statutes § 13-2904. (n.d.). Disorderly conduct; classification. Retrieved March 31, 2025, from https://www.azleg.gov/ars/13/02904.htm
- Arizona Revised Statutes § 13-707. (n.d.). Misdemeanors; sentencing. Retrieved March 31, 2025, from https://www.azleg.gov/ars/13/00707.htm
- Arizona Revised Statutes § 13-2902. (n.d.). Unlawful assembly; classification. Retrieved March 31, 2025, from https://www.azleg.gov/ars/13/02902.htm
- Arizona Revised Statutes § 13-2903. (n.d.). Riot; classification. Retrieved March 31, 2025, from https://www.azleg.gov/ars/13/02903.htm
- Arizona Revised Statutes § 13-1504. (n.d.). Criminal trespass in the first degree; classification. Retrieved March 31, 2025, from https://www.azleg.gov/ars/13/01504.htm
- Arizona Revised Statutes § 13-1503. (n.d.). Criminal trespass in the second degree; classification. Retrieved March 31, 2025, from https://www.azleg.gov/ars/13/01503.htm
- Arizona Revised Statutes § 13-1502. (n.d.). Criminal trespass in the third degree; classification. Retrieved March 31, 2025, from https://www.azleg.gov/ars/13/01502.htm
- Arizona Revised Statutes § 13-404. (n.d.). Justification; self-defense. Retrieved March 31, 2025, from https://www.azleg.gov/ars/13/00404.htm
Jon McCarty has broad experience in a wide variety of family law matters. After graduating from the University of Illinois College of Law with the highest honors, Jon served as Law Clerk to The Honorable David Briones in the United States District Court for the Western District of Texas. Jon then spent several years practicing in a large law firm in Chicago, before starting his own multi-state practice concentrating in family and criminal law.
