What Are the Penalties for Disorderly Conduct in AZ?

Published by The Weingart Firm, PLLC. Mark N. Weingart, board-certified criminal law specialist.

If you’ve been charged with disorderly conduct in Arizona, understanding the penalties that follow a conviction is crucial. An experienced Tempe Criminal Lawyer can help determine the best defense strategy based on the unique circumstances of your case. Please continue reading as we explore what you need to know about disorderly conduct charges in Arizona. 

What is Disorderly Conduct in Arizona?

Under A.R.S. § 13-2904, a person is guilty of disorderly conduct if they “intentionally or knowingly disturb the peace of an individual or neighborhood through disruptive behavior, such as fighting, unreasonable noise, abusive language, or reckless handling of a lethal weapon.” This offense covers a broad range of actions that are intended to cause public inconvenience or alarm. Common actions that lead to this charge in Arizona include:

• Fighting or tumultuous conduct
• Making excessive noise (residential areas or during quiet hours)
• Using fighting words or obscene gestures to provoke violence
• Causing a commotion or refusing to comply with lawful orders to disperse
• Recklessly displaying or discharging a lethal weapon 

What Are the Potential Penalties? 

Disorderly conduct is generally charged as a misdemeanor in Arizona, but it can be elevated depending on the unique circumstances of the incident. This offense is usually punishable by up to six months behind bars, $2,500 in fines, and three years of probation. Additionally, you may have to complete counseling or community service. 

If the offense involved a lethal weapon, it will be elevated to a Class 6 felony, which is punishable by four months to two years of imprisonment and up to $150,000 in fines. It should also be noted that you will lose your right to own a firearm. 

Furthermore, some cases may be considered domestic violence. If this is the case, you will face enhanced penalties and additional legal consequences. A domestic violence charge can result in protective orders. 

If you are a first-time offender, you may be eligible for conditional dismissal or diversion programs. This allows for the dismissal of charges after you’ve completed the required classes or community service. 

What Defenses May Be Available?

If you’ve been charged with disorderly conduct, the defenses available will depend on the unique circumstances of your case. Common defenses include: 

• Free Speech: You may be able to assert your First Amendment right if you’re accused of using offensive or loud language in public. 
• Self-Defense or Defense of Others: If you’re accused of engaging in a physical altercation, you may be able to argue that you were defending yourself or another party from imminent harm. 
• Lack of Intent: The state is burdened with proving you acted with the intent to cause public alarm, annoyance, or inconvenience. A qualified attorney can assert that you didn’t create such a risk. 

For guidance and skilled representation during these difficult times, please don’t hesitate to contact The Weingart Firm, PLLC.