An Examination of Disorderly Conduct Charges in Phoenix, AZ

“Criminal Lawyers who defend Phoenix Disorderly Conduct charges are often successful in getting the charges dismissed by using some of these common defenses.”

A person can be charged with Disorderly Conduct in Phoenix AZ under ARS 13-2904 if with intent and knowledge they disturb the peace of another person business. The law is strict, and allows for a broad range of conduct to fall within the classification. Charges are very common but penalties are serious. The charges can be brought as misdemeanors or felonies. The decision as to how they will be classified based on the facts surrounding the incident. Disorderly Conduct charges are frequently challenged by criminal defense lawyers because of their subjective and sometimes vague nature. They are often able to get the charge dismissed to lack of sufficient evidence, or witnesses.

Disorderly Conduct Defenses

There are a number of defenses that can be used to challenge unjustified Disorderly Conduct charges. Experienced criminal lawyer will tailor your defense to the unique facts of your case. They are often successful in getting the charges dismissed, by using one or more of these common defenses:

• Justification Defenses:  Circumstances that justify the accused person’s actions such as self-defense; protecting someone unable to defend themselves;  immediate reaction to threat, intimidation or provocation;
• Affirmative Defenses:  A circumstance or fact preventing or disallowing the prosecution from bringing that is not related to the act for which a person was accused. Examples would include: Charges were brought in the wrong jurisdiction;  Charges were brought outside the statutory time limit for that offense; the accused had a severe mental impairment and did not understand, know, or intend to engage in disorderly conduct;
• Reasonable Doubt Defenses:  The prosecution bears the burden of proving beyond reasonable doubt that the defendant is guilty of the crime for which they are accused. This can be an uphill battle if there is insufficient evidence, or eye witnesses, or even conflicting witness statements as to what took place. Thus creating “reasonable doubt” that the accused committed disorderly conduct;
• Constitutional Rights Violations:  Two common rights defenses used to challenge disorderly conduct charges are 1) Right to free speech, the accused was  not using abusive or offensive language and was speaking in a tone that is normal for them; and 2) right to gather for a lawful and peaceful assembly; or practice religion peacefully.