Chandler Disorderly Conduct Lawyer
Disorderly conduct is one of the most commonly charged offenses in Chandler, arising from downtown bar incidents, neighborhood noise complaints, domestic situations, and public disturbances throughout the city. Under ARS § 13-2904, disorderly conduct covers six types of behavior—from fighting and unreasonable noise to reckless firearm handling. While five types are misdemeanors, reckless handling of a deadly weapon is a Class 6 Felony with potential prison time. For Chandler’s professional workforce, even misdemeanor disorderly conduct creates a criminal record affecting employment and security clearances.
Attorney Josh Lopez represents clients facing disorderly conduct charges throughout Chandler.
→ For comprehensive Arizona disorderly conduct information, see: Arizona Disorderly Conduct Laws
Six Types of Disorderly Conduct (ARS § 13-2904)
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, they engage in one of these behaviors:
Subsection (A)(1): Fighting, Violence, or Seriously Disruptive Behavior
Physical altercations, violent behavior, or seriously disruptive conduct that disturbs the peace.
Classification: Class 1 Misdemeanor
Maximum Penalty: 6 months jail, $2,500 fine
Subsection (A)(2): Unreasonable Noise
Making noise that is objectively unreasonable considering the time of day, location, and circumstances—such as loud parties, music, or commotion.
Classification: Class 1 Misdemeanor
Maximum Penalty: 6 months jail, $2,500 fine
Subsection (A)(3): Abusive or Offensive Language (“Fighting Words”)
Using abusive or offensive language or gestures directed at a specific person that are likely to provoke immediate physical retaliation.
Classification: Class 1 Misdemeanor
Maximum Penalty: 6 months jail, $2,500 fine
Subsection (A)(4): Commotion to Prevent Business/Assembly
Intentionally creating a commotion to prevent or disrupt business operations or lawful gatherings.
Classification: Class 1 Misdemeanor
Maximum Penalty: 6 months jail, $2,500 fine
Subsection (A)(5): Refusing Lawful Dispersal Order
Refusing to obey a lawful order to disperse given by a peace officer for public safety near an emergency or dangerous situation.
Classification: Class 1 Misdemeanor
Maximum Penalty: 6 months jail, $2,500 fine
Subsection (A)(6): Reckless Handling of Deadly Weapon — FELONY
Recklessly handling, displaying, or discharging a firearm or other deadly weapon or dangerous instrument.
Classification: Class 6 Felony
Prison Range: 4 months – 2 years (first offense)
Common Disorderly Conduct Scenarios in Chandler
Downtown Entertainment District
Chandler’s growing downtown generates disorderly conduct charges:
- Bar and restaurant altercations between patrons
- Loud arguments outside venues
- Confrontations with security personnel
- Street disturbances after bars close
- Disputes in line or waiting areas
- Alcohol-fueled arguments escalating
Residential Neighborhoods
Disputes in Chandler’s communities:
- Noise complaints from parties in homes and apartments
- Neighbor confrontations over property, noise, or pets
- HOA-related disputes escalating to verbal altercations
- Late-night disturbances disturbing working residents
- Pool area disputes in apartment complexes
- Neighborhood disagreements escalating
Domestic Situations
When disorderly conduct occurs between partners or family:
- Arguments that disturb neighbors
- Property damage during disputes
- Verbal altercations that attract police attention
- DV overlay applies to domestic partners
Commercial Areas
Business-related incidents:
- Customer service disputes escalating
- Workplace confrontations
- Parking lot altercations
- Road rage incidents in retail areas
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 Domestic Relationships
- Spouses or former spouses
- Current or former cohabitants (including roommates)
- 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)
- DV offender treatment programs (26-52 weeks mandatory)
- Enhanced penalties for repeat DV offenses within 84 months
→ See: Chandler Domestic Violence Lawyer
Professional Consequences in Chandler
Security Clearance Impact
Even misdemeanor disorderly conduct affects clearances:
- Creates criminal record requiring disclosure
- Pattern of conduct may concern security officials
- Firearm-related felony is particularly serious
- DV designation especially damaging to clearance status
Employment Consequences
- Criminal record visible on background checks
- May affect positions requiring clean records
- DV designation creates additional barriers
- Pattern of incidents raises concerns for employers
Defense Strategies
Conduct Didn’t Meet Statutory Elements
Each statutory element must be proven beyond reasonable doubt:
- Noise wasn’t objectively “unreasonable” under circumstances
- Behavior wasn’t “seriously” disruptive as required
- No intent to disturb or knowledge that conduct was disturbing
- Language wasn’t likely to provoke “immediate” retaliation
- Dispersal order wasn’t lawful or properly given
First Amendment Protection
For speech-based charges under Subsection (A)(3):
- General profanity is constitutionally protected
- Offensive opinions and viewpoints are protected
- Must rise to true “fighting words” to lose protection
- Criticism of police is generally protected speech
- Political speech receives highest protection
Self-Defense
If “fighting” under Subsection (A)(1) was defensive:
- Defending yourself from attack
- Defending others from harm
- Reasonable force used
- Other person was initial aggressor
Unlawful Order Defense (Subsection 5)
For refusing dispersal charges:
- Order wasn’t lawful (no actual emergency)
- No genuine emergency or dangerous situation
- Order exceeded officer’s authority
- Compliance was impossible
Lack of Intent/Knowledge
- Didn’t intend to disturb anyone
- Unaware that conduct was disturbing
- Reasonable belief conduct was acceptable
Diversion and Alternative Resolution
First Offender Options
Chandler may offer alternatives for first-time offenders:
- Diversion programs resulting in dismissal
- Community service in lieu of jail
- Anger management classes
- Counseling requirements
- Charges dismissed upon completion
Benefits of Diversion
Successful completion provides:
- No criminal conviction on record
- Avoids collateral consequences
- Protects employment and security clearances
- Second chance for a mistake
Firearm Disorderly Conduct (Subsection 6)
What Constitutes Reckless Handling
This felony offense covers:
- Discharging firearm in populated area
- Pointing weapon at others recklessly
- Brandishing weapon during confrontation
- Unsafe handling creating risk to others
- Celebratory gunfire
Felony Penalties
| Sentence (First) | Range |
| Mitigated | 4 months |
| Presumptive | 1 year |
| Aggravated | 2 years |
| Probation | Eligible |
Consequences
- Permanent felony record
- Loss of firearm rights
- Enhanced penalties for future offenses
- Employment barriers
- Security clearance revocation likely
Chandler Courts
Chandler Municipal Court
Location: 200 E. Chicago Street, Chandler, AZ 85225
Phone: (480) 782-4900
Handles misdemeanor disorderly conduct (Subsections 1-5) arising within Chandler.
Southeast Regional Superior Court
Location: 222 E. Javelina Avenue, Mesa, AZ 85210
Handles felony disorderly conduct (Subsection 6 — reckless handling of deadly weapon).
Frequently Asked Questions
Is disorderly conduct a felony in Chandler?
Usually no. Five types of disorderly conduct are Class 1 Misdemeanors (up to 6 months jail). However, reckless handling of a deadly weapon (Subsection 6) is a Class 6 Felony with up to 2 years prison.
Can I be arrested for yelling at someone?
Only if it rises to “fighting words”—speech directed at a specific person that is likely to provoke immediate physical retaliation. General yelling, cursing, or expressing opinions is protected by the First Amendment.
Does disorderly conduct carry a DV designation?
Yes, when occurring between people with qualifying domestic relationships (including roommates). DV disorderly conduct triggers additional consequences including firearm prohibition upon conviction.
Will disorderly conduct affect my security clearance?
Potentially. It creates a criminal record that must be disclosed. DV designation or felony firearm-related charges are particularly concerning for clearance status.
Can disorderly conduct charges be dismissed?
Yes. Many cases are dismissed for First Amendment issues (protected speech), insufficient evidence, self-defense, or successful defense motions. First offenders may qualify for diversion.
Will disorderly conduct affect employment?
A conviction creates a criminal record visible on background checks. While generally less serious than assault or theft, it can affect positions requiring clean records or security clearances.
Contact a Chandler Disorderly Conduct Defense Attorney
Disorderly conduct charges create permanent criminal records and can escalate to felony when firearms are involved or domestic violence applies. For Chandler’s professionals, protecting your record protects your career.
Attorney Josh Lopez represents clients facing disorderly conduct throughout Chandler.
Scottsdale Office:
6991 East Camelback Rd, Suite D-300
Scottsdale, AZ 85251
Phoenix Office:
2601 N 3rd Street, Suite 301
Phoenix, AZ 85004
Call (480) 386-1824 for a free consultation.