Understanding Disorderly Conduct Law in Arizona: ARS 13-2904

Feature Article: Understanding Disorderly Conduct Law in Arizona

Imagine walking down the street, minding your own business, when suddenly a commotion breaks out. There’s shouting, obscenities are being hurled, and fists are flying. It’s an unsettling situation that can leave you feeling alarmed and fearful. Disorderly conduct is a broad term that can encompass a wide variety of behaviours, but what does it mean in Arizona? In this feature article, we’ll explore ARS 13-2904 and provide information about what constitutes disorderly conduct.

What is Disorderly Conduct in Arizona: ARS 13-2904?

Disorderly conduct is defined in ARS 13-2904 as “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:

• Engages in fighting, violent or seriously disruptive behavior; or
• Makes unreasonable noise;
• Uses abusive or offensive language or gestures to any person present in a manner likely to provoke immediate physical retaliation by such person; or
• 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
• 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;
• Recklessly handles, displays or discharges a deadly weapon or dangerous instrument.”

What Does Disturbing the Peace Mean?

The term “disturbing the peace” refers to behaviour that disrupts the tranquility of a community or an individual. This can include loud noises, arguments, brawls, or other disruptive behaviour that creates a disturbance.

Is Cursing Considered Disorderly Conduct?

Cursing alone is not considered disorderly conduct unless it is accompanied by other disruptive behaviors. However, if the cursing is directed at another person in a manner likely to provoke immediate physical retaliation, it could be considered disorderly conduct.

Drunk and Disorderly Charges

Being drunk does not automatically result in a disorderly conduct charge. However, if a drunk individual is being disruptive or engaging in any of the behaviors outlined in ARS 13-2904, they could be charged with disorderly conduct.

Is Domestic Violence Considered Disorderly Conduct?

While domestic violence involves disruptive behavior, it is a separate offense from disorderly conduct. Domestic violence is defined as any act of violence or abuse against a family or household member, while disorderly conduct involves behavior that disturbs the peace or tranquility of a community or an individual.

What are the Penalties for Disorderly Conduct?

Disorderly conduct is considered a class 1 misdemeanor in Arizona. The penalties for a first offense can include fines of up to $2,500, up to six months in jail, and up to three years of probation. Repeat offenders may face harsher penalties.

What are the Defenses For Disorderly Conduct?

There are several defenses that can be used against a disorderly conduct charge, including:

• Self-defense
• Defense of others
• Defense of property
• Freedom of speech
• Unlawful arrest

Frequently Asked Questions

Q: Can I be charged with disorderly conduct for shouting at a protest?

A: While freedom of speech is protected under the First Amendment, disorderly conduct involves behavior that can incite violence or disturb the peace. Shouting or chanting alone at a protest is unlikely to result in disorderly conduct charges, but if the behavior escalates into violence, destruction of property, or causes a disturbance, then law enforcement may take action.

Q: Can I be charged with disorderly conduct for honking my car horn?

A: Honking your car horn alone is not considered disorderly conduct. However, if the honking is prolonged or unnecessary, it can be considered unreasonable noise and result in a disorderly conduct charge.

Q: Can I be charged with disorderly conduct for throwing a party?

A: If the party is excessively loud and disturbing the peace, it can result in a disorderly conduct charge.

How An Arizona Criminal Attorney Can Help

If you have been charged with disorderly conduct in Arizona, it’s essential to seek legal counsel. An experienced Arizona criminal attorney can help you understand your rights, explore your options, and develop a defense strategy. With their knowledge and expertise, they can help you navigate the legal system and achieve the best possible outcome.

Disorderly conduct charges are no joke and should be taken seriously. If you or someone you know is facing disorderly conduct charges, don't hesitate to contact an Arizona criminal defense lawyer today.

Disorderly Conduct Law in Arizona: ARS 13-2904-