The charge of disorderly conduct is an umbrella term for a number of behaviors and actions which “disturb the peace”. If you have been charged with disorderly conduct in the Phoenix or Yuma areas, it’s important to understand the legal consequences which you may face. At Vianey K. Hurtado Law, we specialize in criminal defense and immigration law, which means that we offer top-tier legal counsel to citizens and non-citizens alike.
Keep reading to learn more about what qualifies as disorderly conduct, which penalties to expect if you are charged with this offense, and where to find further information.
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You may have been charged with this crime without a full understanding of what it entails, as this classification is made at the discretion of the police officers involved in the arrest and can be subjective. Arizona Revised Statute designates disorderly conduct to offenses like:
The actions above require the intention and/or full knowledge of the ability to disturb the peace of a family, person, or neighborhood in order to qualify as disorderly conduct.
Another more serious type of disorderly conduct is the reckless handling, displaying, and discharging of a deadly weapon or dangerous instrument. This specific subsection can pose a serious issue for someone who is not a U.S. citizen. In some instances this particular subsection could be considered a Crime of Moral Turpitude (CIMT), a violation of the firearms deportability ground, or if the offense involved a victim whom you have a domestic relationship with, could lead to deportability based on the domestic violence ground. A criminal conviction, no matter how trivial you may think it is, may lead to serious immigration consequences.
There are two primary designations to expect with disorderly conduct: a class 1 misdemeanor or a class 6 felony.
For first offenders, felony disorderly conduct is reserved for incidents involving firearms. The penalties for a class 6 felony are one of or any combination of:
Incurring all these penalties to their maximum is unlikely, but it’s important to know the full extent permitted by law.
The more likely designation for disturbing the peace is that of a class 1 misdemeanor. Though this is the highest class of misdemeanor, the penalties and long term consequences are significantly less than those of any type of felony. With a class 1 misdemeanor, you can expect:
Once again, these are the maximums for each type of penalty and the judge’s sentence may include a combination of the different penalties.
For those whose immigration status is in question, a disorderly conduct conviction may be ap referable plea option for those initially charged with more serious offenses such as assault or aggravated assault. However, it could still carry potential immigration risks for non- U.S. citizens. While often considered relatively safe for immigration purposes, a disorderly conduct conviction can still be taken into consideration in discretionary immigration decisions, may impact your eligibility for an immigration bond, or create issues when applying for citizenship.
If the charge involves a domestic relationship or a firearm, it is especially important to consult with an experienced criminal and immigration attorney before entering into a plea agreement or reaching a resolution in your case.
When it comes to choosing the right defender, your case will have the best chances of a favorable outcome with an experienced, dedicated, and compassionate attorney. With each client, Vianey K. Hurtado and her team work tirelessly to look at the case from every angle in order to determine the best course of action.
As the daughter of immigrant parents, Vianey K. Hurtado understands the challenges of navigating complex governmental and judicial systems from the outside. She will be a fierce advocate for you in court and throughout your legal proceedings.
We offer case evaluations that provide you with the chance to discuss your next steps, gain a detailed understanding of your legal situation, and speak with Vianey K. Hurtado herself. Call the office of Vianey K. Hurtado today or fill out a contact form to be reached by a member of her team. We welcome both English and Spanish speakers.
