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Experience:  Over 20 yrs experience in prosecution and defense work
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What does the state have to prove when they charge you with

Customer Question

What does the state have to prove when they charge you with 13-2904a1.From what I read its says you have to commit seriously disruptive behavior. What constitutes " seriously disruptive behavior and how do they prove it.
Submitted: 2 years ago.
Category: Criminal Law
Expert:  xavierjd replied 2 years ago.
Thanks for using JustAnswer.com. It will be my pleasure to assist you.

What state and city is the person charged in?
Customer: replied 2 years ago.
Scottsdale arizona
Expert:  xavierjd replied 2 years ago.
Can you please provide me with some more facts? Did this occur as a domestic dispute? A neighborhood dispute? something else?

Thanks
Customer: replied 2 years ago.
It happened at home. I had an argument with my wife and she called the police. She called 911 and the police recorded the call while I was yelling at her. There was no violence and no threat. There was also no reference to cursing.
Expert:  xavierjd replied 2 years ago.
The law defining disorderly conduct is Arizona Revised Statute 13-2904 which provides no fewer than five definitions of misdemeanor disorderly conduct. The statute refers to things like making "unreasonable noise" or engaging in "seriously disruptive" behavior. Obviously, these broad definitions permit the police to insert their own judgment and gives them the legal authority to arrest you for being disruptive - even in your own house.

If you are involved in a heated discussion, or even argument with your spouse, child, parent, significant other or partner and the police are called for whatever reason, you could be charged and arrested for disorderly conduct if the police claim that you were "too loud" or otherwise violated the disorderly conduct statute.

There are a number of behaviors that the Scottsdale Police view as disruptive behavior and that will lead to charges or arrest for disorderly conduct in Scottsdale, AZ. These can include, but are not limited to the following intentional acts: Fighting with others or engaging in combative behavior; Making "unreasonable" noise; Cursing, loud, abusive, or offensive language to another person for the purpose of provocation or other reason; Engaging in behavior that disrupts business operations; Refusing to leave an area as directed by officials (for instance: the scene of a fire or emergency); Recklessly handling, or displaying a firearm or other dangerous weapon to intentionally provoke, intimidate, or make someone fear that harm to them is imminent.

The disturbance may be reported to the Scottsdale police by family, friends, co-workers, groups, neighbors, business owners, business patrons, or other entity. In many cases, the police are already on the scene for another matter, or other violations, and simply become annoyed with you.

 

Below are just some defense strategies that a criminal defense attorney who defends disorderly conduct charges in the Scottsdale Arizona Court may use to build your defense case. This list is not all inclusive:

1)You were attempting protect someone against harm or injury, who was unable to protect themselves;

2) Wrong person charged - This often applies when groups of people are involved or multiple persons are involved in gatherings such as civil assemblies that turn violent)

3) No witnesses, no evidence, no video, audio, or other evidence to prove you displayed disorderly conduct;

4) You acted under threat, provocation or intimidation;

5) The evidence, audio or video disproves or contradicts police allegations

6) Police brutality;

7) No other justifiable reason for charges, other than the police officer was annoyed with you;

8) You were exercising your right to "free speech" under the Constitution in an approved location, in an appropriate, orderly and peaceful fashion;.

9) The police were not aware you suffer from a physical or mental impairment that caused you to appear to have "a bad attitude", with no proof or other justification;

10) Actions were in self - or in defense, defense of home, property, or family

11) Violations of Your Arizona State or U.S. Constitutional Rights;

12) Objective witness statements overwhelmingly contradict the police officers statements;

13) The police officer has a history of disciplinary actions in similar circumstances.

14) Someone else started the altercation;

15) Your actions were not committed "with intent to disturb the peace or quiet of a neighborhood, family or person or with knowledge of doing so..." as required by A.R.S. 13-2904. Disorderly conduct; classification..."http://www.arizonacriminaldefenseattorneyblog.com/2010/12/scottsdale-disorderly-conduct.html


In most situations, disorderly conduct misdemeanor is a Class 1. A Class 1 misdemeanor is the highest level of misdemeanor in the State of Arizona. It carries a potential of up to 6 months in prison and fines of $2,500. Most disorderly conduct cases will not warrant the maximum sentence. However, any disorderly conduct conviction may include counseling, fines, jail, community service a criminal record, and other penalties.


Because of the serious nature of the charge and the consequences if convicted, if you have been charged with disorderly conduct involving a domestic dispute, you should seriously consider contacting an attorney who specializes in criminal law. Sometimes, an initial consultation is free or at a minimal charge. You can discuss the specific facts of your case, evaluate your options and decide how to proceed.

I hope you find this information useful. If you have follow up questions, please ask. If you are satisfied with the answer, PLEASE PRESS THE GREEN ACCEPT BUTTON so that I the thread can be closed and I can get credit for answering the question. Thank you.

 


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