Arizona DUI & Criminal Defense Attorney Blog
“Good criminal lawyers who defend charges in Mesa AZ are often successful in getting Disorderly Conduct charges dismissed by using some common defenses.”
Disorderly Conduct charges may be brought in Mesa AZ under ARS 13-2904 if the police felt that with intent and knowledge, the accused disturbed the peace of a person or business. The law is comprehensive and allows for a broad range of conduct that might fall within the description. The charges may be classified as misdemeanors or felonies, depending on the facts surrounding the incident. Disorderly Conduct charges are frequently challenged by criminal defense lawyers because of their subjective nature, and are often unjustifiable. Good Mesa criminal lawyers, are often successful in getting Disorderly Conduct charges dismissed by using some common defenses.
Disorderly Conduct Defenses
Below are some common strategies of defense used to challenge Disorderly Conduct Charges:
- Justification: Circumstances that justify a defendant’s actions such as self-defense; protecting someone else; spontaneous reaction to provocation, threat or intimidation;
- Affirmative Defenses: These are defenses use to prevent or disallow the prosecution from bringing the charges. They are circumstances unrelated to actual conduct of the accused. Two examples are A) Charges were brought in the wrong jurisdiction; Charges were brought outside the statutory time limitation for that for that offense;
- Reasonable Doubt: The burden is on the prosecution to prove beyond a reasonable doubt that the accused is guilty of the crime charges. Reasonable doubt can be raised there is insufficient evidence, conflicting witness statements or no eye witnesses.
- Constitutional Rights: Disorderly conduct charges are sometimes found to have been brought unlawfully, if the accused’s rights were violated. Two common rights that are violated in this case are A) Right to free speech and B) right to gather for a lawful and peaceful assembly; or practice religion peacefully.
Disorderly Conduct Lawyer in Mesa
It is always wise to consult a criminal defense lawyer if you face any Mesa criminal charges. You should make sure you understand the charges and penalties for which you may be exposed. Most criminal lawyers who defend charges in Mesa AZ will provide you with a free consultation to discuss your matter and defense options. Retention of a private practice criminal defense lawyer who is experienced in defending Mesa disorderly conduct charges will increase your chances of getting a good outcome in your case.
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Law Office of James Novak
4500 S. Lakeshore Drive
Tempe AZ 85282
(480) 413-1499