Odds are, you might know someone who has been arrested for disturbing the peace; it may be someone you know; you may have witnessed it happening and reported it to the police. Or it might be you getting arrested and charged. For this, legal assistance is highly recommended, such as the assistance you can get from the Law Offices of Gary L. Rohlwing.
This offense is also called disturbing the peace. It constitutes a broad range of disruptive behaviors, ranging from having a very noisy, rowdy house party to something much more serious like threatening someone’s life. This statute is considered one of the broadest criminal statutes across the United States. It is also largely a subjective charge.
At its most basic, a misconduct can be considered as disorderly if there was an intent to disturb the peace. This charge may also apply to a person or persons who had knowledge of an intention to disturb the peace. A charge for disorderly conduct is a serious thing. If you are convicted, it will create an entry onto a criminal record connected to you. A charge of disorderly conduct can have many consequences, making life more difficult. Someone convicted of this will have trouble securing loans or even getting a simple job.
If arrested and charged, it is critical to get qualified, expert legal assistance from someone like Gary L. Rohlwing, an attorney with expertise on this type of criminal statute. Assistance may include a review of the case and preparation for a good defense.
One is usually charged with disturbing the peace when they engage in the following behaviors:
Someone arrested for disruptive behavior might face two types of charges – a misdemeanor or a felony. An arrest might turn into a misdemeanor charge if there is an intention or knowledge of an intention to disturb the peace of an individual, a family, or the neighborhood without the involvement of deadly weapons or instruments.
A conviction for a charge of misdemeanor disorderly conduct depends on the area where the disruptive behavior occurred. Different states and counties have their own set of penalties. In Arizona, a conviction will entail jail time of 6 months with a fine (usually around $2,500) and a probation period after jail time (usually up to 3 years).
The other type is called a felony disorderly conduct. There is knowledge of an intention or an intention itself to disturb the peace of an individual, a family, or of the neighborhood with reckless handling, discharge, or display of dangerous instrument/s or deadly weapon/s.
A conviction for a felony charge is more serious than a misdemeanor. In Arizona, there will be a prison term lasting anywhere from 4 months up to 2 years and also a fine. The average maximum allowable fine is $150,000. Again, this will depend on the merits of the case and the law of the state where the crime is committed. There will also be a probation period, which can last up to 3 years.
A disorderly conduct charge is subjective. This gives the person wide room to maneuver in terms of a defense. Expert legal assistance, like Gary L. Rohlwing, Attorney, can help prove the defendants innocence or at least reduce charges and/or penalties.