Phoenix Disorderly Conduct Lawyer
Disorderly conduct is one of the most commonly charged offenses in Phoenix—and one of the most misunderstood. Arizona’s disorderly conduct statute (ARS § 13-2904) covers six different types of behavior, from engaging in fights to making unreasonable noise to recklessly displaying a firearm. What many people don’t realize is that the same charge can range from a misdemeanor carrying months in jail to a felony with potential prison time.
Despite being commonly treated as a minor charge, disorderly conduct can result in up to six months in jail for a misdemeanor—or prison time when a firearm is involved. A conviction creates a permanent criminal record that appears on background checks.
Attorney Josh defends clients throughout Phoenix facing disorderly conduct charges, working to challenge the evidence, assert available defenses, and minimize the impact on your record.
Six Types of Disorderly Conduct (ARS § 13-2904)
Arizona’s disorderly conduct statute covers six distinct categories of conduct. Each has specific elements that must be proven for conviction.
1. Fighting, Violence, or Seriously Disruptive Behavior
Statute: ARS § 13-2904(A)(1)
A person commits disorderly conduct by engaging in fighting, violent or seriously disruptive behavior.
Key elements:
- Actual fighting or physical violence, OR
- Behavior that is seriously disruptive (more than merely annoying or offensive)
This subsection frequently overlaps with assault charges. When injury occurs, prosecutors may charge both assault and disorderly conduct.
2. Unreasonable Noise
Statute: ARS § 13-2904(A)(2)
A person commits disorderly conduct by making unreasonable noise.
Key elements:
- The noise must be objectively “unreasonable”
- Context matters: time, location, volume, duration
Common scenarios include loud parties, yelling matches, playing loud music, or revving engines late at night.
3. Abusive or Offensive Language or Gestures
Statute: ARS § 13-2904(A)(3)
A person commits disorderly conduct by using abusive or offensive language or gestures to any person present in a manner likely to provoke immediate physical retaliation.
Key elements:
- Language or gestures must be directed at a person present
- Must be likely to provoke immediate physical retaliation (“fighting words”)
- General profanity or offensive speech alone is not sufficient
This subsection is limited by First Amendment protections. The standard is whether the words were likely to cause an immediate violent response—not merely whether they were offensive.
4. Creating a Commotion to Prevent Business
Statute: ARS § 13-2904(A)(4)
A person commits disorderly conduct by making any protracted commotion, utterance or display with the intent to prevent the transaction of the business of a lawful meeting, gathering or procession.
Key elements:
- Protracted (ongoing) commotion or display
- Specific intent to prevent business or meeting from proceeding
- The meeting or gathering must be lawful
This subsection applies to situations like shouting down speakers, blocking business operations, or deliberately disrupting events.
5. Refusing to Obey Lawful Dispersal Order
Statute: ARS § 13-2904(A)(5)
A person commits disorderly conduct by refusing to obey a lawful order to disperse issued to maintain public safety in dangerous proximity to a fire, a hazard or any other emergency.
Key elements:
- The order must be lawful
- The order must be issued to maintain public safety
- Must be in dangerous proximity to an actual emergency
This subsection does not apply to general police orders to leave an area—only to orders issued in connection with an actual emergency.
6. Reckless Handling or Display of a Deadly Weapon (FELONY)
Statute: ARS § 13-2904(A)(6)
A person commits disorderly conduct by recklessly handling, displaying or discharging a deadly weapon or dangerous instrument.
Key elements:
- Reckless (not merely negligent) conduct
- Involves a deadly weapon or dangerous instrument
- Display, handling, or actual discharge
This is the only type of disorderly conduct that is a Class 6 Felony rather than a misdemeanor. It carries potential prison time and loss of firearm rights.
→ See: Phoenix Unlawful Discharge of Firearm Lawyer
Disorderly Conduct Penalties in Arizona
| Type | Classification | Maximum Penalty |
| Fighting/Violence (A)(1) | Class 1 Misdemeanor | 6 months jail, $2,500 fine |
| Unreasonable Noise (A)(2) | Class 1 Misdemeanor | 6 months jail, $2,500 fine |
| Fighting Words (A)(3) | Class 1 Misdemeanor | 6 months jail, $2,500 fine |
| Disrupting Business (A)(4) | Class 1 Misdemeanor | 6 months jail, $2,500 fine |
| Refusing Dispersal (A)(5) | Class 1 Misdemeanor | 6 months jail, $2,500 fine |
| Reckless Firearm (A)(6) | Class 6 Felony | Up to 2 years prison |
Enhanced Penalties
Domestic Violence Designation: When disorderly conduct occurs between people with a domestic relationship, additional consequences apply including mandatory DV treatment, federal firearm prohibition, and potential felony enhancement for repeat offenses.
Prior Convictions: Prior felony convictions can enhance sentencing for felony disorderly conduct (firearm).
Disorderly Conduct with Domestic Violence Designation
When disorderly conduct occurs between people with a qualifying domestic relationship, the charge carries a domestic violence designation under ARS § 13-3601.
Qualifying Relationships
- Married or formerly married
- Living together or formerly living together
- Parents of a common child
- Related by blood
- Currently or formerly in a romantic/sexual relationship
DV Disorderly Conduct Consequences
The DV designation triggers additional consequences:
- Mandatory arrest upon probable cause
- No-contact release conditions
- Required completion of DV offender treatment
- Federal firearm prohibition upon conviction
- Third DV offense in 84 months becomes Aggravated DV (Class 5 Felony)
- Child custody implications
Many domestic arguments that don’t involve physical contact result in DV disorderly conduct charges—making this one of the most frequently charged DV offenses.
→ See: Phoenix Domestic Violence Defense Lawyer
Common Disorderly Conduct Scenarios in Phoenix
Neighbor Disputes
Arguments between neighbors about noise, property lines, parking, or other issues frequently result in disorderly conduct charges. When police respond to a neighbor dispute, they often make an arrest to resolve the immediate situation.
Bar and Nightclub Incidents
Phoenix’s entertainment areas generate significant disorderly conduct charges. Verbal arguments, minor pushing, or refusing to leave when asked can all lead to charges—often alongside assault, criminal trespass, or DUI.
Domestic Arguments
Couples or household members having heated arguments may face disorderly conduct charges even without physical contact. Officers responding to domestic calls often arrest for disorderly conduct when assault cannot be established.
Public Disturbances
Yelling at other drivers, arguing with store employees, creating scenes in restaurants, or other public disturbances can result in disorderly conduct charges.
Protests and Gatherings
Participants in protests or public gatherings may face disorderly conduct charges for refusing to disperse or for conduct that allegedly disrupts proceedings.
Firearm Incidents
Brandishing, displaying, or firing a weapon (even legally possessed) in a manner deemed reckless results in felony disorderly conduct. This includes firing guns into the air, displaying weapons during arguments, or handling firearms carelessly around others.
Defense Strategies for Disorderly Conduct
Conduct Did Not Rise to Statutory Level
The prosecution must prove the specific elements of whichever subsection is charged:
- Was the noise objectively “unreasonable” given time, location, and circumstances?
- Were the words actually “fighting words” likely to provoke immediate physical retaliation?
- Was there an actual emergency justifying the dispersal order?
- Was firearm handling “reckless” rather than merely negligent?
First Amendment Protection
Speech alone—even offensive, profane, or controversial speech—is generally protected by the First Amendment. Disorderly conduct charges based solely on words must meet the “fighting words” standard, which many charges fail to establish.
Self-Defense
If the alleged disorderly conduct was a reasonable response to another person’s aggression, self-defense may apply.
Insufficient Evidence
Many disorderly conduct arrests occur during chaotic situations where the officer’s observations may be incomplete or inaccurate. Witness testimony and video evidence may contradict police reports.
Unlawful Arrest
If the initial police contact violated your constitutional rights, evidence obtained may be suppressed.
Related Offenses
Assault (ARS § 13-1203)
When disorderly conduct involves physical contact or injury, assault charges may also apply or may be more appropriate than disorderly conduct.
→ See: Phoenix Assault Lawyer
Criminal Trespass (ARS § 13-1502, 1503, 1504)
Disorderly conduct at a business or private property may be accompanied by criminal trespass charges.
→ See: Phoenix Criminal Trespass Lawyer
Threatening or Intimidating (ARS § 13-1202)
Threats of physical harm are a separate offense. Disorderly conduct may be charged alongside or instead of threatening charges.
Unlawful Assembly (ARS § 13-2902)
Gathering with others with intent to engage in conduct constituting a riot or failure to disperse.
Collateral Consequences
Employment
A disorderly conduct conviction appears on criminal background checks. While it may be viewed as less serious than assault, it can still affect employment opportunities, particularly in positions requiring trust or public interaction.
Professional Licensing
Some professional licenses require disclosure of criminal convictions. Depending on the circumstances, disorderly conduct may trigger review or disciplinary action.
Immigration
For non-citizens, disorderly conduct may be considered a crime involving moral turpitude depending on the underlying facts, potentially affecting immigration status.
Domestic Violence Consequences
When the DV designation applies, consequences include federal firearm prohibition, mandatory treatment, custody implications, and enhancement if future DV offenses occur.
Frequently Asked Questions
Is disorderly conduct a felony in Arizona?
Usually no—disorderly conduct is typically a Class 1 Misdemeanor carrying up to 6 months in jail. However, disorderly conduct involving reckless handling, display, or discharge of a firearm is a Class 6 Felony.
Can I be charged with disorderly conduct for yelling?
Potentially, yes. If the yelling constitutes “unreasonable noise” or uses “fighting words” likely to provoke immediate physical retaliation, charges may apply. However, general loud speech or profanity alone is typically protected by the First Amendment.
What if the police told me to leave and I didn’t?
The refusal-to-disperse subsection requires that the order be lawful and issued to maintain public safety in proximity to an emergency. If these elements aren’t met, the charge may not be valid. Even if valid, defense strategies exist.
Can disorderly conduct charges be dismissed?
Disorderly conduct charges may be dismissed, but it requires a smart, strategic defense. A skilled attorney can identify weaknesses in the prosecution’s case—such as insufficient evidence, unreliable witnesses, or conduct that doesn’t meet the legal definition of “disorderly.” Dismissal is never guaranteed, which is why having an experienced Phoenix disorderly conduct lawyer fighting for you is essential.
Is disorderly conduct the same as disturbing the peace?
In Arizona, “disturbing the peace” is essentially another name for disorderly conduct under ARS § 13-2904. The terms are often used interchangeably.
Will disorderly conduct affect my gun rights?
Misdemeanor disorderly conduct does not automatically affect gun rights. However, felony disorderly conduct (firearm) results in loss of firearm rights. Additionally, if the charge carries a domestic violence designation, federal firearm prohibition applies upon conviction.
Contact a Phoenix Disorderly Conduct Defense Attorney
Disorderly conduct charges create permanent criminal records and can escalate to felony charges when firearms are involved or when domestic violence designations apply. Understanding the specific subsection you’re charged under and available defenses is essential to protecting your future.
Attorney Josh defends clients throughout Phoenix and Maricopa County facing disorderly conduct charges, working to challenge the prosecution’s evidence, assert available defenses, and achieve the best possible resolution.
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 or complete the contact form to schedule your free consultation.