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Disorderly conduct means different things in different jurisdictions. In some states, the term is used to describe actions which, although unlawful, do not even reach the level of being called a crime. In New York, for example, disorderly conduct is a “violation.” As such, receiving a citation for it has about the same impact as getting a traffic ticket.
The definition of disorderly conduct likewise varies from state to state. Typically, it will include conduct such as fighting, using abusive or obscene language, making an unreasonable amount of noise, and engaging in other conduct that, generally speaking, disturbs the peace.
In Arizona, the effect of being charged with disorderly conduct is a bit different. A case was reported last week regarding an incident that allegedly took place in Mesa on July 4. Police say that two men were driving near the intersection of Signal Butte Road and Southern Avenue when one of them stuck his hand out the window and yelled “stop shooting,” possibly in reference to fireworks. Shortly afterward, police received a call stating that shots had been fired from a car about a mile north of the first incident. The car was apparently the same one in both cases, and when police arrived, they found a hand gun in the car. There was some confusion about which of the men was responsible, since witnesses were unable to say which of them was driving the car, or which one fired the gun.
In any event, and this is the reason we chose to discuss the incident, one of the men in the car was eventually charged with disorderly conduct. You might think the charge is not very serious, but here’s where Arizona law is a bit different than many other states. Under A.R.S. 13-2904, disorderly conduct is defined as intentionally or knowingly disturbing the peace in various ways. Most of the activities covered under the statute are the usual: making too much noise, fighting, and the like. In our state, it also includes recklessly handling, displaying or discharging a deadly weapon or dangerous instrument.
Arizona law also provides, unlike New York and some other states, that disorderly conduct is a criminal offense. By and large, the acts are classified as class 1 misdemeanors. But the final section (reckless behavior with weapons) is a class 6 felony. And that is what the fellow from Mesa is now facing.
Law Offices of David A. Black
40 North Central Avenue #1850
Phoenix, AZ 85004
(480) 280-8028
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