Scottsdale Disorderly Conduct Lawyer
Disorderly conduct is one of the most frequently charged offenses in Scottsdale—and one of the broadest. Arizona’s disorderly conduct statute covers six distinct types of behavior, from fighting and unreasonable noise to reckless display of a firearm. Scottsdale’s entertainment district, residential neighborhoods, and major events all generate disorderly conduct charges, often as a result of situations that escalated quickly or were misunderstood by officers responding to calls.
While disorderly conduct may sound minor, a conviction creates a permanent criminal record. When a firearm is involved, the charge becomes a felony with potential prison time.
Attorney Josh Lopez represents clients facing disorderly conduct charges throughout Scottsdale, with an office at 6991 East Camelback Road and experience in Scottsdale City Court.
→ For comprehensive Arizona disorderly conduct information, see: Phoenix Disorderly Conduct Lawyer
Six Types of Disorderly Conduct (ARS § 13-2904)
1. Fighting, Violence, or Seriously Disruptive Behavior
Engaging in fighting, violent behavior, or conduct that is seriously disruptive. This is the most common form charged in Scottsdale bar and nightclub incidents.
2. Unreasonable Noise
Making noise that is objectively unreasonable given the time, location, and circumstances. Loud parties, yelling, and late-night disturbances in residential areas trigger this charge.
3. Abusive or Offensive Language (“Fighting Words”)
Using language or gestures likely to provoke immediate physical retaliation. Protected by the First Amendment unless it rises to the level of “fighting words.”
4. Creating a Commotion to Prevent Business
Making a protracted commotion with intent to prevent a lawful meeting, gathering, or business from proceeding.
5. Refusing to Obey a Lawful Order to Disperse
Refusing to comply with a lawful dispersal order issued to maintain public safety near an emergency.
6. Reckless Handling of a Deadly Weapon (FELONY)
Recklessly handling, displaying, or discharging a firearm or dangerous instrument. This is the only subsection that makes disorderly conduct a felony.
Disorderly Conduct Penalties
Misdemeanor (Subsections 1-5)
| Classification | Maximum Jail | Maximum Fine |
| Class 1 Misdemeanor | 6 months | $2,500 |
Felony (Subsection 6 – Firearm)
| Classification | Prison Range (First Offense) |
| Class 6 Felony | 4 months to 2 years |
Common Scottsdale Disorderly Conduct Scenarios
Old Town Entertainment District
Scottsdale’s Old Town is the epicenter of disorderly conduct charges in the city. The concentration of bars, restaurants, and nightclubs creates conditions where minor disputes escalate quickly:
Typical scenarios:
- Arguments between patrons that become loud or physical
- Refusing to leave when asked by security or staff
- Altercations in parking areas or on sidewalks after leaving venues
- Disputes over rideshare pickups or taxi lines
Officers patrolling Old Town on weekend nights regularly make disorderly conduct arrests, sometimes alongside assault, criminal trespass, or DUI charges.
Residential Noise Complaints
Scottsdale’s neighborhoods—from apartments near Old Town to single-family homes in North Scottsdale—generate disorderly conduct charges from:
- Loud parties, especially weekend gatherings
- Arguments between neighbors
- Noise from vehicles (music, engines)
- Late-night disturbances
Special Events
Major events in Scottsdale generate disorderly conduct charges:
- Spring Training at Scottsdale Stadium (Giants)
- Barrett-Jackson Auto Auction
- Scottsdale Culinary Festival
- WM Phoenix Open (waste Management Open golf tournament)
- Resort and hotel events
The combination of alcohol, crowds, and excitement creates conditions for charges.
Domestic Disputes
When disorderly conduct occurs between people with a qualifying domestic relationship, it carries a domestic violence designation with additional consequences including mandatory arrest, no-contact orders, and federal firearm prohibition upon conviction.
→ See: Scottsdale Domestic Violence Lawyer
Firearm Incidents
Scottsdale sees felony disorderly conduct charges for:
- Brandishing or displaying firearms during arguments
- Reckless handling at shooting ranges or private property
- Firing weapons inappropriately (even on private land near neighbors)
Scottsdale City Court
Location: 3700 N. 75th Street, Scottsdale, AZ 85251
Scottsdale City Court handles misdemeanor disorderly conduct charges arising within Scottsdale city limits. Felony disorderly conduct (firearm) cases are transferred to Maricopa County Superior Court.
The Scottsdale City Prosecutor’s office handles high volumes of disorderly conduct cases, particularly those arising from Old Town. Understanding how this office approaches these cases—what evidence they prioritize, how they view different circumstances—informs defense strategy.
Defense Strategies
Conduct Did Not Rise to Statutory Level
- The noise wasn’t objectively “unreasonable”
- The behavior wasn’t “seriously” disruptive
- The language wasn’t “fighting words” likely to provoke immediate violence
First Amendment Protection
For charges based on offensive language, the speech must rise to “fighting words”—not merely offensive or rude comments. General profanity is protected speech.
Self-Defense
If the “fighting” occurred in self-defense, the conduct may be justified under Arizona law.
Unlawful Order
For refusal-to-disperse charges, the order must have been lawful and issued for a legitimate emergency.
Insufficient Evidence
- Conflicting witness accounts
- No video evidence
- Officer observations don’t support the charge
Frequently Asked Questions
Is disorderly conduct a felony in Scottsdale?
Usually no—most disorderly conduct is a Class 1 Misdemeanor. However, disorderly conduct involving reckless handling, display, or discharge of a firearm is a Class 6 Felony.
Can I be charged for yelling at someone?
Potentially, but only if the language rises to “fighting words” likely to provoke immediate physical retaliation. General yelling, profanity, or offensive comments are typically protected speech.
Will disorderly conduct affect my job?
A conviction creates a permanent criminal record that appears on background checks. While often viewed as less serious than assault, it can still affect employment opportunities.
Can disorderly conduct charges be dismissed?
Yes. Many cases are dismissed due to insufficient evidence, First Amendment issues, or failure to prove the specific statutory elements. An attorney can evaluate your case for defense options.
What if I was arrested at a bar in Old Town?
Old Town arrests often involve alcohol, multiple witnesses, and security footage. Defense focuses on what the evidence actually shows versus what officers assumed happened.
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 additional consequences.
Contact a Scottsdale Disorderly Conduct Attorney
Disorderly conduct charges—whether from an Old Town incident, a neighbor dispute, or a firearm situation—create permanent criminal records and can carry significant penalties. An experienced attorney can challenge the evidence, assert defenses, and work toward dismissal or reduction.
Attorney Josh Lopez defends disorderly conduct charges throughout Scottsdale.
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.