Law Offices Of Gary L Rohlwing Attorney in Glendale, Az: July 2020

Disorderly conduct is a common criminal charge in the state of Arizona. Most disorderly conduct cases are charged as a class 1 misdemeanor, however, in some circumstances, a perpetrator can be charged with a class 6 felony.

A conviction for disorderly conduct will affect your criminal record and subject you to potential penalties.

For these reasons, you should seek out representation from a criminal attorney if you are charged.

What is considered disorderly conduct?

According to Arizona law, disorderly conduct is when a person intends to disturb the peace of a neighborhood, family, or person or with knowledge of doing so they:

Fight, or engage in violent or seriously disruptive behavior
Make unreasonable noise
Use abusive/offensive language or gestures to a person in such a way as to likely provoke immediate retaliation by them
Make commotion, utterance, or display with the intent to prevent the transaction of a business meeting, gathering, or procession
Refuse to obey an order to disperse that is issued to maintain public safety in dangerous proximity to a fire, hazard, or other emergency
Recklessly handle, display, or discharge a deadly weapon or other dangerous instrument

If a person is alleged to have committed any of the conduct listed above, then they could face a class 1 misdemeanor. If they are alleged to have committed any of these acts and a firearm was involved, then they could be charged with a class 6 felony.

What are the potential penalties for disorderly conduct?

A person who is convicted of a class 1 misdemeanor disorderly conduct may face the following penalties:

Fines and costs up to $2,500
Up to 6 months in jail
Up to 5 years of probation

A person convicted of a class 6 felony disorderly conduct may face up to 1 year in prison and a loss of certain civil rights.

In additional to the potential fines, jail, and probation, a conviction may also result in mandatory drug and alcohol testing, court-ordered substance abuse, or anger management treatment, community service, limitations on firearm possession, and other court imposed requirements.

Are there any defenses to a disorderly conduct charge?

In some situations, there may be defenses available to challenge the charge. This could result in dismissal of the case, a reduction to a less significant charge, or decreased sentencing recommendations.

Some defenses that may be raised include:

Reasonable doubt as to any of the elements of the charge
A violation of your constitutional rights
Justification for your alleged conduct
Lack of the necessary intent

What should you do if you are charged with disorderly conduct?

Because a disorderly conduct can have significant consequences, you should be aware of your rights and exercise those rights. Those rights include:

The right to remain silent
The right to have a trial
The presumption of innocence
The right to bail if you are arrested
The right to have an attorney

To ensure that your rights are protected and that you receive a just outcome, you should contact an experienced criminal defense attorney. A criminal attorney will provide you with legal advice about your case and help you know what to expect. They will advocate for you to receive a fair and just result. At the Law Offices of Gary L Rohlwing, our team strives to help our clients receive the best result possible under the circumstances. We are experienced and know what it takes to present a successful defense.

What is a Disorderly Conduct Charge in Arizona? was originally seen on GaryRohlwingLawOffices

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Often, these two words are used interchangeably to describe similar conduct. They both appear in state codes and may differ according to states. In most cases, the two will appear in family law or domestic relations law statutes related to matters like divorce, child custody, and civil restraining orders.

In this article, we will explore both terms into depth and seek to understand the distinction between the two terms and the statutes around them. But let us first consider what the dictionary has to say about the two terms:
- Domestic abuse: The physical or psychological manipulation towards a member of one’s own family.
- Domestic Viciousness (Violence): The state where some you live with attacks you and tries to cause harm to you.

Domestic Violence

Domestic Abuse Laws

As mentioned earlier, different states may use the terms differently to describe similar conduct. Let’s take the Wisconsin laws, for example. The law here describes domestic abuse as the intent to inflict physical pain, impairment, or fear when committed against a current or former spouse or an adult with a child in common with the abuser.

The statute further broadens the definition of domestic abuse by including property damage and threats to commit any of the actions mentioned earlier. In other words, property damage in Wisconsin committed by a spouse can be considered domestic abuse. The same state also uses domestic forcefulness in other places such as child custody and placement laws, again to refer to similar conduct.

Domestic Forcefulness Laws

We’ve seen how the laws in Wisconsin define domestic abuse and domestic forcefulness. Now, let’s compare Wisconsin's definition with another state, say, North Carolina, to show how the two terms differ.

In North Carolina, Domestic forcefulness resembles domestic abuse in Wisconsin. In this case, both states use different terms to refer to comparable conduct. Other states like Arizona, may be more extensive in defining the acts prohibited by the term. For example, Arizona laws include crime against a child, animal, disorderly conduct, and interfering with emergency telephone calls as domestic forcefulness.

Conclusion

It turns out that there is a very thin line between domestic violence and domestic abuse. Both terms seem to be used interchangeably and will most definitely differ from one state to the other. Therefore, if caught up in a case that uses either term in charges against you, it is best to consult an attorney who is an expert in your state laws.
Being a very sensitive issue, it will be crucial to get all the facts right from the word go. An expert in the field would be an excellent place to start. You will also need all the support and care you can get.

It would be wise to consider an experienced attorney such as Gary Rohlwing, who understand both the defense and prosecution of these matters. When it comes to this kind of offence, there are generally immediate repercussions depending on the harshness of the issue. You will need all the expert help you can get.

The following post What Is the Difference Between Domestic Violence and Abuse? See more on: http://www.criminal-duiattorney.com/blog