Joshua A. Lopez, Esq.

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Attorney Josh

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Arizona Disorderly Conduct Laws

Disorderly conduct is one of the broadest and most frequently charged offenses in Arizona. Under ARS § 13-2904, disorderly conduct encompasses six distinct types of behavior—from fighting and unreasonable noise to reckless handling of firearms. While most disorderly conduct is a misdemeanor, one subsection involving firearms is a felony. Understanding exactly what conduct Arizona prohibits is essential to mounting an effective defense.

Attorney Josh represents clients throughout Arizona facing disorderly conduct charges.

ARS § 13-2904: Disorderly Conduct

A person commits disorderly conduct if, with intent to disturb the peace or quiet of a neighborhood, family, or person, or with knowledge of doing so, the person:

Subsection (A)(1): Fighting, Violence, or Seriously Disruptive Behavior

“Engages in fighting, violent or seriously disruptive behavior”

This is the most commonly charged form of disorderly conduct. It covers:

Physical altercations (even without injury)
Violent behavior short of assault
Conduct that seriously disrupts others

Classification: Class 1 Misdemeanor

Subsection (A)(2): Unreasonable Noise

“Makes unreasonable noise”

The noise must be objectively unreasonable considering:

Time of day
Location
Nature and duration of noise
Whether it serves a legitimate purpose

Classification: Class 1 Misdemeanor

Subsection (A)(3): Abusive or Offensive Language/Gestures

“Uses abusive or offensive language or gestures to any person present in a manner likely to provoke immediate physical retaliation by such person”

This is the “fighting words” provision. Key elements:

Language or gestures must be directed at a specific person
Must be likely to provoke immediate physical retaliation
General profanity or offensive speech without provocation element is protected by First Amendment

Classification: Class 1 Misdemeanor

Subsection (A)(4): Commotion to Prevent Business/Assembly

“Makes any protracted commotion, utterance or display with the intent to prevent the transaction of the business of a lawful meeting, gathering or procession”

Covers intentionally disrupting:

Business operations
Public meetings
Lawful gatherings
Processions or events

Classification: Class 1 Misdemeanor

Subsection (A)(5): Refusing to Obey Lawful Dispersal Order

“Refuses to obey a lawful order to disperse issued to maintain public safety in dangerous proximity to a fire, a hazard or any other emergency”

Requirements:

Order must be lawful
Issued by authorized person
For purpose of maintaining public safety
In proximity to actual emergency

Classification: Class 1 Misdemeanor

Subsection (A)(6): Reckless Handling of Deadly Weapon — FELONY

“Recklessly handles, displays or discharges a deadly weapon or dangerous instrument”

This is the only felony disorderly conduct. Covers:

Reckless handling of firearms
Brandishing weapons
Reckless discharge
Display intended to alarm

Classification: Class 6 Felony

Disorderly Conduct Penalties

Misdemeanor Disorderly Conduct (Subsections 1-5)

Classification	Maximum Jail	Maximum Fine	Probation
Class 1 Misdemeanor	6 months	$2,500	Up to 3 years

Felony Disorderly Conduct (Subsection 6)

Classification	Prison Range (First Offense)	Probation
Class 6 Felony	4 months – 2 years	Eligible

Prior felony convictions increase sentencing ranges significantly.

Domestic Violence Designation

When disorderly conduct occurs between people with a qualifying domestic relationship, it carries a domestic violence designation under ARS § 13-3601. Qualifying relationships include:

Spouses or former spouses
Current or former cohabitants
People with a child in common
Related by blood or marriage
Current or former romantic/sexual relationship

DV Disorderly Conduct Consequences

Mandatory arrest upon probable cause
No-contact orders as condition of release
Federal firearm prohibition upon conviction (lifetime under 18 U.S.C. § 922(g)(9))
DV offender treatment programs
Enhanced penalties for repeat DV offenses

→ See: Arizona Domestic Violence Laws

First Amendment Considerations

The First Amendment protects speech, including offensive speech. Subsection (A)(3) survives constitutional scrutiny only because it’s limited to “fighting words”—speech likely to provoke immediate violence.

Protected Speech (NOT Disorderly Conduct)

General profanity
Offensive opinions
Criticism of police or government
Political speech
Rude or insulting comments

Unprotected “Fighting Words”

Direct personal insults likely to provoke immediate violence
Face-to-face confrontational language designed to incite
Gestures intended to provoke immediate physical response

The distinction is critical to defense strategy.

Common Disorderly Conduct Scenarios

Bar and Nightclub Incidents

Arguments that become loud or physical
Refusing to leave when asked
Altercations in parking areas

Neighbor Disputes

Noise complaints (music, parties, arguments)
Verbal confrontations
Property line disputes

Domestic Arguments

Loud arguments overheard by neighbors
Police called for noise or disturbance
Often charged alongside DV offenses

Public Disturbances

Yelling or causing scenes in public
Disruptive behavior at businesses
Confrontations with strangers

Protests and Public Gatherings

Refusing dispersal orders
Disrupting permitted events
Confrontations at demonstrations

Firearm Incidents (Felony)

Brandishing weapons during arguments
Celebratory gunfire
Reckless handling in public

Defense Strategies

Conduct Doesn’t Meet Statutory Elements

Noise wasn’t objectively “unreasonable”
Behavior wasn’t “seriously” disruptive
No intent to disturb peace
Language wasn’t likely to provoke “immediate” retaliation

First Amendment Protection

For speech-based charges:

Speech didn’t rise to “fighting words”
Protected political or critical speech
No immediate provocation element

Self-Defense

If “fighting” was in response to aggression:

Defending yourself
Defending others
Justified use of force

Unlawful Order (Subsection 5)

Dispersal order wasn’t lawful
No actual emergency
Order exceeded authority

Challenging Firearm Element (Subsection 6)

Handling wasn’t “reckless”
Weapon wasn’t “deadly weapon” under statute
Justified display for self-defense

Lack of Intent/Knowledge

Didn’t intend to disturb peace
Didn’t know conduct was disturbing others
Reasonable belief conduct was acceptable

Related Offenses

Offense	Statute	Classification
Assault	ARS § 13-1203	Class 1-3 Misdemeanor
Threatening/Intimidating	ARS § 13-1202	Class 1 Misdemeanor / Class 6 Felony
Criminal Nuisance	ARS § 13-2908	Class 3 Misdemeanor
Unlawful Assembly	ARS § 13-2902	Class 1 Misdemeanor
Riot	ARS § 13-2903	Class 5 Felony

Arizona Courts Handling Disorderly Conduct

Misdemeanor Cases: Municipal or Justice Courts in the jurisdiction where the offense occurred.

Felony Cases (Subsection 6): Superior Court in the county where the offense occurred.

Frequently Asked Questions

Is disorderly conduct a felony in Arizona?

Usually no. Five of the six types of disorderly conduct are Class 1 Misdemeanors. However, reckless handling, display, or discharge of a deadly weapon (Subsection 6) is a Class 6 Felony.

Can I be arrested for yelling at someone?

Only if the language rises to “fighting words” likely to provoke immediate physical retaliation. General yelling, profanity, or offensive comments are protected speech.

What if the police tell me to leave and I don’t?

Refusing a lawful dispersal order is only disorderly conduct under Subsection (A)(5) if issued for public safety near an actual emergency. A general order to leave without emergency justification may not support charges.

Does disorderly conduct carry a domestic violence designation?

Yes, when it occurs between people with a qualifying domestic relationship. DV disorderly conduct triggers mandatory arrest, no-contact orders, and federal firearm prohibition upon conviction.

Can disorderly conduct charges be dismissed?

Yes. Many cases are dismissed due to First Amendment issues, insufficient evidence, failure to prove statutory elements, or successful defense motions.

Will disorderly conduct affect my job?

A conviction creates a criminal record visible on background checks. While often viewed as less serious than assault, it can still affect employment, particularly in fields requiring clean records.

What is the difference between disorderly conduct and assault?

Assault requires intentional physical contact, causing injury, or placing someone in reasonable fear of imminent injury. Disorderly conduct covers broader disruptive behavior that may not involve direct contact with a specific victim.

Disorderly Conduct Defense Throughout Arizona

Disorderly conduct charges arise in cities and towns throughout Arizona. Attorney Josh represents clients facing these charges across Maricopa County and statewide.

Phoenix Office:
2601 N 3rd Street, Suite 301
Phoenix, AZ 85004

Scottsdale Office:
6991 East Camelback Rd, Suite D-300
Scottsdale, AZ 85251

Call (480) 386-1824 for a free consultation.