Criminal Law Questions? Ask a Criminal Lawyer.
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.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).