Arizona Disorderly Conduct Law: ARS 13-2904
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Arizona law defines disorderly conduct as engaging in fighting, making unreasonable noise, using offensive language or gestures, making a commotion, refusing to obey lawful orders, or recklessly handling a deadly weapon. A disorderly conduct conviction requires proof beyond a reasonable doubt that the defendant’s intent was to disturb the peace or quiet of a neighborhood, family, or person, or with a knowledge that their actions would be a disturbance.
Is disorderly conduct a felony or a misdemeanor?
According to ARS 13-2904, disorderly conduct can be either a felony or a misdemeanor, depending on the circumstances.
Felony Disorderly Conduct
- Class 6 Felony – recklessly handling, displaying, or discharging a deadly weapon or dangerous instrument.
Misdemeanor Disorderly Conduct
- All other actions detailed in ARS 13-2904 (anything not involving a deadly weapon or dangerous instrument) is classified as a class 1 misdemeanor.
What does Arizona law say about disorderly conduct?
You can read Arizona’s statute regarding disorderly conduct in full below:
A. A person commits disorderly conduct if, with intent to disturb the peace or quiet of a neighborhood, family or person, or with knowledge of doing so, such person: 1. Engages in fighting, violent or seriously disruptive behavior; or 2. Makes unreasonable noise; or 3. Uses abusive or offensive language or gestures to any person present in a manner likely to provoke immediate physical retaliation by such person; or 4. Makes any protracted commotion, utterance or display with the intent to prevent the transaction of the business of a lawful meeting, gathering or procession; or 5. Refuses to obey a lawful order to disperse issued to maintain public safety in dangerous proximity to a fire, a hazard or any other emergency; or 6. Recklessly handles, displays or discharges a deadly weapon or dangerous instrument. B. Disorderly conduct under subsection A, paragraph 6 is a class 6 felony. Disorderly conduct under subsection A, paragraph 1, 2, 3, 4 or 5 is a class 1 misdemeanor.
What are the penalties for a disorderly conduct conviction?
Felony disorderly conduct convictions (ones that involve the use of a weapon or dangerous instrument) can require a minimum 1.5-year prison sentence with a maximum incarceration of 3 years. If convicted for misdemeanor disorderly conduct, jail may not be part of the sentence. The possible sentence for misdemeanor disorderly conduct could include up to six months in jail, maximum fine of $2,500, and probation.
Arrested on an ARS 13-2904 charge? Call MayesTelles PLLC!
If you or someone you care about was arrested on charges of disorderly conduct, detailed in ARS 13-2904, we invite you to get in touch with a Phoenix disorderly conduct lawyer at MayesTelles PLLC today. We provide free initial consultations to inform you of your legal rights and options.
It’s important to remember that at this time, you have the right to retain an attorney. Don’t just go with any attorney, go with MayesTelles!