Disorderly Conduct
The crime of "Disorderly Conduct" is really two completely different crimes that appear under one name. The first crime, under statute 13-2904(A)(1), makes it a crime to engage in physically violence. The second crime, under statutes 13-2904(A)(2-4), makes it a crime to engage in offensive speech. As a consequence, the crime of "Disorderly Conduct" is used by prosecutors and police for entirely different purposes.
Prosecutors often use the fighting definition of the crime, which makes it a crime to "engage[] in fighting, violent or seriously disruptive behavior." They use it to work out plea bargains in cases where they initially charged someone with assault. Assault is usually a more serious offense than disorderly conduct and in exchange for a plea to disorderly conduct, prosecutors may dismiss the assault charge. This works to your benefit because disorderly conduct is usually a less burdensome crime to have on your record than most assault charges.
Not surprisingly, police officers usually use the part of the law that makes it a crime to make an "unreasonable noise" or use "abusive" language, or "offensive language or gestures to any person present in a manner likely to provoke immediate physical retaliation by such person…." Frustrated police officers who know you haven’t broken any law, but wish to simply intimidate you or punish you for talking back to them may write you a ticket for this crime.
The criminal defense attorneys at Michael Cordova, Attorneys at Law, are skilled in dealing with this slippery and poorly worded crime. Sometimes people engage in fighting behavior to protect a loved one, a friend, or their property. Most of the time, this is completely justified and should not be charged as a crime. We also understand that you may have done nothing wrong but verbally objected to the way a police officer was handling your friend or loved one. Talking should not be a crime in this country and we are prepared to defend you First Amendment Freedom of Speech as well.
Once you’ve had an opportunity to talk to one of our criminal defense attorneys, you will come away with an understanding of the strength of your case and whether you should go to trial. Regardless of what happened in your case, the attorneys at Michael Cordova, Attorneys at Law, can help you make an informed and intelligent decision.
Contact the attorneys at Michael Cordova, Attorneys at Law, to determine how best to protect your freedom.
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