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Tucson Disorderly Conduct Attorney

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Conduct

If you’re facing disorderly conduct charges or “disturbing the peace” charges in Tucson, it’s important that you contact a criminal defense attorney in Tucson at your earliest convenience. While disorderly conduct is usually charged as a misdemeanor unless a deadly weapon is involved or there are other aggravating factors, you could still face jail, fines, and probation. 

The Law Office of Hernandez | Hamilton | Lamoureux represents individuals charged with disorderly conduct. Call today to discuss your disorderly conduct charges.

What is Disorderly Conduct in Arizona?

Under the First Amendment of the U.S. Constitution, you have the right to assemble and to express yourself without being censored by the government. These rights are tempered by the rights of others to have a peaceful, safe existence. With these points in mind, you can attend a lawful gathering that does not threaten public safety or disturb the peace. 

Types of Disorderly Conduct in Arizona

Under ARS 13-2904, the following six types of behavior can be considered disturbing the peace or disorderly conduct: 

1. The subject engages in fighting, violence, or seriously disruptive behavior.

2. The subject makes unreasonable noise. 

3. The subject attempts to provoke the alleged victim or disturbs the victim’s peace with abusive or offensive language. 

4. The subject is exhibiting disruptive behavior with the intention of interrupting legal business or another lawful gathering. 

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5. The subject refuses to follow a lawful order to disperse issued by a legal authority to maintain public safety due to the dangerous proximity to a fire, hazard, or other emergencies. 

6. The subject displays, recklessly handles, or discharges a deadly weapon or dangerous instrument.

One through five are considered misdemeanor disorderly conduct, while the state can bring felony disorderly conduct charges if a weapon is involved.  

Disorderly Conduct Penalties and Punishments

The penalties for disorderly conduct in Arizona are relatively harsh, particularly for felony convictions. Frequently it is charged together with a domestic violence offense, that’s why you’ll need the help of a Tucson Domestic Violence Attorney. 

Misdemeanor disorderly conduct cases are Class 1 Misdemeanors. If you’re convicted on a misdemeanor disorderly conduct charge, you could face up to six months in jail, $4,575 in fines, and up to three years of probation in lieu of jail.

A felony disorderly conduct is a Class 6 Felony and can carry relatively severe punishments. For a first offense, you could face up to two years in prison, fines, and probation. 

Defenses to Disorderly Conduct Charges

Criminal defense attorneys frequently use the following defenses to beat disorderly conduct charges. 

Self Defense

If a subject attacks you and you disturb the peace because you are defending yourself, a good criminal defense lawyer can use this fact to get your case dismissed. Immediate physical retaliation in self-defense is not unlawful.

Attending a Lawful Meeting

You have the constitutional right to assemble, meet, march, and protest, as long as your conduct is peaceful and does not endanger others. Oftentimes, the police make mass arrests during these events, and lawful protesters are caught up in the sweep. 

Noise Was Not Unreasonable

Arizona law establishes “unreasonable noise” as a violation but does not specify what constitutes unreasonable noise. A defense attorney can often use the vagueness of the statute to compel the courts to dismiss a disorderly conduct charge. 

These are just a few ways that an attorney at Hernandez | Hamilton | Lamoureux can help you beat your disorderly conduct charges. Call today to discuss your case. 

Frequently Asked Questions About Disorderly Conduct

People who have been arrested for disorderly conduct frequently have similar questions. Here are some of the most common questions our attorneys hear from individuals who have been charged with disorderly conduct: 

What is the penalty for a Class 1 misdemeanor in Arizona?

If you’re convicted of a Class 1 misdemeanor disorderly, you could face six months in jail and fines. The judge could assign you up to three years probation in lieu of jail time. 

What if I have a prior felony conviction and I’m charged with a Class 6 Felony?

This largely depends on the nature of your arrest. If the weapon you were brandishing was a gun, you could also be charged with a Class 4 Felony if your gun rights have not been restored. These can be charged as separate offenses, which means you could face severe penalties, particularly if you have a criminal record. 

How long does disorderly conduct stay on your criminal record?

For all intents and purposes, a disorderly conduct charge stays on your record indefinitely unless it is removed by a judge. 

Tucson Disorderly Conduct Lawyers

At the Law Office of Hernandez | Hamilton | Lamoureux, we recognize that a disorderly conduct charge is not always what it seems. Our Tucson disorderly conduct attorneys will do everything in our power to reduce your charges. Call today to discuss the details surrounding your arrest with one of our lawyers.

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Client Testimonials

Clay Hernandez and Josh Hamilton are some of the most competent Lawyers I have ever had the pleasure of working with. They are dedicated, hard working and honest! They are some of the top Lawyers in the legal community and you couldn't have a better legal team on your side!

Lacee

To say that Josh Hamilton saved my life would be an understatement. Facing an incredibly ugly situation, I shopped around for an attorney for a while until I came across Mr. Hamilton. From day one I knew I had found the representation I needed. Josh fought tooth and nail for me and got me the best outcome, considering the dire straits I was in. His staff is incredibly helpful and friendly and Josh's ability and knowledge of the law is second to none. I could not see myself facing a hell like this again with anyone else at my side. A simple "thank you" will never be enough for all that Josh and the staff of Hernandez and Hamilton did for me.

Ox Inator

If you need a criminal defense lawyer then Josh Hamilton is definitely your guy!! Not only is he beyond brilliant.. and amazing at what he does! But he is a very caring and compassionate person. I highly recommend him!! He worked very hard on my case and got it dropped!!

Racquel Vera

The absolute 100% best. I cannot stress how much I appreciate and how grateful i am for Josh and Carol. They took up my brothers case in 2018 and never left him since. Their work is excellent and speaks volume. The complexity of the case will have anybody fearful and doubtful but not them. Right from the start they maintained a positive vibe and their professionalism is exceptional. I am so happy i found them back when me and my sister in law were googling appellate lawyers. If i could hug them now i would. My brother was released two days ago and even though the case is not done i am pretty sure the end results will be a good one. God appointed the right lawyers and they are not in it for the money they truly are genuine in fighting for victory and they know what happened to my brothers were not right and they fought tooth and nail and for that i just want to say thank you from the bottom of my heart. Grateful forever and ever!

King Black

I had a potential federal case come before me in my work environment. I called and they were so willing to work with me on getting into an in person consultation even though I was 2 hours away. We spoke on the phone, and then had a meeting I specifically spoke with Clay. He was knowledgeable and had a defense prepared before I even left the consultation. With everything still being in process, all I can tell you, based on my experience with him, he will fight until the end and he won't give up!

Cynthia Bass

Hernandez & Hamilton are top-notch attorneys. In hindsight I would NOT have considered hiring any other attorney to take care of my legal matters. Hernandez even traveled out of state to represent me over 2000 miles away, in Ohio, IN THE WINTER. :) Thank you for all you have done for me and my family!!!

Kari Turner

The best thing about this law office is their dedication. Josh never stopped working for us, never stopped believing that there would be a great outcome and even when it looked like all hope was lost, he kept working until we got the outcome we were looking for. I would recommend this office to anyone looking for an attorney. If they believe they can help, they will!!

Sarah Tecco

I contacted Mr. Hamilton regarding a case involving my brother. From the moment we spoke on the phone, he made feel like we were in the right hands. We discussed the case, went over the pro´s and con´s reaching a desicion to move fwd with the case. Mr. Hamilton is extremely well prepared and very knowledgagle. My brother got a very long punishment that was not justified and because of his commitment to the case and his great team effort, they got my brother a reduced sentence to time served. Now, thanks to Mr. Hamilton and his team, my brother is able to reunite with his three kids and his brothers. We are for ever thankful for your hard work and commitment. Thank you for believing in whats right! Blessings from our entire family.

Eghector

Josh Hamilton is top-notch: knowledgeable, accessible, hard-working and honest. No better lawyer in town.

Jeff Welter

I highly recommend Josh Hamilton to resolve your legal issues.The staff at Hernandez and Hamilton were very professional and friendly.Thank you Josh,Julie, Roni, and Olivia for everything that you all did for us. Have a wonderful holiday season and a prosperous new year..

Gillbert Encinas

I have owned a private investigation company in Arizona for a quarter century and worked with both of these lawyers for many years. These attorneys are honest, extremely competent, and truly care about their clients. Both are exceptional advocates.

Randy Downer

Josh is one of the best lawyers out there. He has helped me in multiple situations and has gotten me off every time. He’s professional about everything and I highly recommend him.

Timothy Marshall

I needed the best attorney in town and Josh did not let me down. If you want an aggressive pro-active team representing you, this is the outfit to go with. Best in class.

Organic BTI

I hired Hernandez & Hamilton to take care of a friend who had a bit of a tough situation. They took care of him easily and kept the cops honest. Very happy.

Danton Foster

Best lawyer in town. Josh and everyone else working with him at his law office go beyond to help you every step of the way. I would highly recommend for your criminal defense attorney.

Martin Lopez

Fantastic work by Josh and his team, they are very professional. Thank you for your help in our case. You and your team managed to get my brother released on the spot and cleared of all charges.

Eftimi Etzoglou

If you want the best of the best? Look no further because Clay and Josh are definitely it. HANDS DOWN.

Amanda Wade-Mcmickle

I can't thank Josh Hamilton enough and his team for what they did for our family to give us peace knowing that we got the best law firm the best lawyer and the out come was amazing thank you for all your knowledge your hard work your dedication once again thank you Josh and your team.

Alley Prudhomme

Excellent firm with outstanding attorneys and staff. They work extremely hard and get amazing results for their clients.

Adam dippel

This legal team is at the top of their game when it comes to representation and dedication. Truly a 5 Star law firm from beginning to end.

Mary Domoto-Hill

Mr. Hamilton is an absolute beast and he handled my problem like a Sunday drive. Absolutely the best attorney anywhere.period. thank you again Mr. Hamilton. Five stars across the board.

James Stewart