Disorderly Conduct – Arizona

Arizona Disorderly Conduct Law: ARS 13-2904

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Under Arizona law, disorderly conduct is defined 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. The State must prove beyond a reasonable doubt that the defendant intended to disturb the peace and quiet of a neighborhood, family, or person, or with knowledge that their actions would cause a disturbance.

Disorderly Conduct can be a Felony or Misdemeanor

According to Arizona Revised Statute 13-2904, disorderly conduct can be either a felony or a misdemeanor, depending on the facts and circumstances of each case.

FELONY DISORDERLY CONDUCT

• In order for a person’s disorderly conduct case to be charged as a felony under Arizona law, the State must prove beyond a reasonable doubt that the person recklessly handled, displayed, or discharged a deadly weapon or dangerous instrument during the commission of the offense. 
• This would result in the defendant being charged with a Class 6 Felony.  Penalties for a Class 6 felony include:
• No prior felonies: Probation eligible, or prison time from 4 months to 2 years.
• One prior felony: Prison time from 9 months to 2.75 years.
• Two or more prior felonies: Prison time from 2.25 to 5.75 years.

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.
• Penalties for a Class 1 Misdemeanor include:
• Up to 6 months in jail
• Up to 3 years of probation
• A fine up to $2,500 plus surcharges
• Community service
• Substance abuse counseling
• Domestic violence counseling
• Other penalties at the judge’s discretion

What Does Arizona Law Say About Disorderly Conduct?

The full disorderly conduct statute states:

1. 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 POSSIBLE DEFENSES FOR DISORDERLY CONDUCT?

Being charged with disorderly conduct is very serious and should not be taken lightly.  At Oliverson Law DUI & Criminal Defense, we have represented hundreds of individuals charged with disorderly conduct.  There are a variety of defenses that we use to fight our clients’ cases depending on the circumstances of each case.  Which defenses are appropriate for your case will depend on the evidence.  Defenses could include a violation of your constitutional right to representation, or your right to remain silent.  We have helped our clients achieve complete dismissals of their cases. We look into every possible aspect of your case in order to determine the appropriate defenses.

Can a Class 6 Felony Get Reduced to a Misdemeanor?

Yes, under Arizona law, a Class 6 felony is the only class of felony that can be reduced to a misdemeanor at sentencing. Under Arizona Revised Statute 13-604, if a person is convicted of a class 6 felony, and it has not been designated a dangerous offense, the court may designate the crime a class 1 misdemeanor.  In order to make this designation the judge would have to believe that punishing the crime as a felony would be unduly harsh. The judge may do this is the person has no more than one prior felony conviction. However, if the accused has two or more prior felony convictions, then the judge cannot reduce the current case to a misdemeanor.

What is a Class 6 “Open” or “Undesignated” Felony?

A class 6 “open” felony, also called a class 6 undesignated felony, is a crime that has the possibility of being designated a misdemeanor. If a person is convicted of a class 6 undesignated felony, then during the term of probation the offense is designated a felony, but as soon as the person has successfully completed probation the court can then designate the conviction as a class 1 misdemeanor.

The Statute of Limitations for Class 6 Felonies

The terms “statute of limitations” refers to the period of time a prosecutor has to bring a criminal charge against someone. Under Arizona law, the statute of limitations for class 6 felonies is seven years.  Misdemeanors have a statute of limitations of one year.

Violent Crimes