What is Disorderly Conduct in Arizona? | Huss Law, PLLC
Disorderly conduct is an Arizona criminal offense with a broad definition. Specifically, it includes any behavior disrupting a community’s or community member’s peace and order. This can include a wide range of actions anywhere from yelling and screaming in public to brandishing or displaying a weapon in the presence of others. Under Arizona Revised Statute 13-2904, most legal theories of disorderly conduct are misdemeanor offenses that carry penalties including fines, probation, and even jail time. However, under A.R.S. 13-2904(A)(6), Disorderly Conduct is a dangerous felony offense carrying mandatory prison. Moreover, Disorderly Conduct is a “domestic violence eligible” offense. Simply put, any person committing disorderly conduct in the presence of family members is eligible for the domestic violence designation.
DISORDERLY CONDUCT DEFINED
Disorderly conduct can occur in a variety of settings, including on the street, in a public place, or even in a private residence. A.R.S. 13-2904 defines disorderly conduct as engaging in any of the following actions:
1. Engaging in fighting, violent behavior or tumultuous conduct;
2. Making unreasonable noise;
3. Using abusive or offensive language or gestures to provoke an immediate physical response;
4. Preventing the free passage of others on a public street or highway by congregating, loitering, or blocking passage;
5. Recklessly handling, displaying, or discharging a deadly weapon or dangerous instrument (as discussed in further detail below, this is a dangerous felony carrying mandatory prison);
6. Making any protracted commotion, utterance or display with the intent to prevent the transaction of the business of a lawful meeting, gathering, or procession.
DISORDERLY CONDUCT BY DOMESTIC VIOLENCE IN ARIZONA
Disorderly Conduct is a “domestic violence eligible offense.” Indeed, Disorderly Conduct by Domestic Violence is a serious criminal offense that can result in significant legal and personal consequences. Domestic violence designation occurs when a person engages in disorderly conduct with a family or household member, such as a spouse, parent, child, or roommate. Specifically, a legally required relationship must be present to charge an offense by domestic violence.
POTENTIAL DISORDERLY CONDUCT DEFENSES
There are potential defenses available in disorderly conduct cases. First, a potential issue will arise if the State has difficulties identifying a defendant. A possible defense is for the defendant to allege someone else committed the offense. This is difficult to do if there are credible witnesses identifying a defendant, or if a defendant makes admissions. Indeed, non-credible witnesses provide opening for this defense.
Second, the State must show that a defendant either (1) knowingly disturbed the victim’s peace or (2) the defendant intended to disturb the victim’s peace. Essentially, did a defendant knowingly or intentionally disturb a victim’s peace? Indeed, under the Disorderly Conduct theory concerning disturbing the peace, defenses may go to whether the defendant knowingly or intentionally acted. Specifically, did the defendant “know” his conduct disturbed the victim’s peace; or, did the defendant “intend” to disturb the victim’s peace?
Third, whether a defendant acted with reckless intent in a felony disorderly conduct offense is a potential defense. Indeed, A.R.S. 13-2904(A)(6) requires one to “recklessly” handle, display or discharge a firearm. As mentioned, a person engaging in this behavior is guilty of a Class 6 Dangerous felony. Reckless behavior occurs when a person is aware of a risk but consciously disregards the risk. Indeed, reckless behavior occurs if someone is angrily handling a firearm and it discharges.
Huss Law, PLLC is Arizona’s Best Disorderly Conduct Attorney. Mr. Huss has over 20 years experience with the Arizona criminal justice system and prosecutions. Indeed, Mr. Huss spent nearly 13 years as an Arizona Felony prosecutor handling crimes of every nature. Specifically, Mr. Huss has handled countless Disorderly Conduct cases as both a prosecutor and criminal defense attorney. He has also been lead counsel in several Aggravated Assault (Deadly Weapon/Dangerous Instrument) cases and jury trials where Disorderly Conduct is a lesser-included offense. Mr. Huss’ decade-plus experience as an Arizona felony prosecutor provides him significant insight into the criminal justice process.
In this video, Tempe Arizona’s Best Criminal Defense and DUI Attorney, Jeremy L. Huss of Huss Law discusses What is Disorderly Conduct in Arizona.
