Robert A. Dodell, Attorney At Law Hendricks was released on a $5,000 cash bond and will return to court Arizona Revised Statutes 13-2904. In disorderly conduct situations, there is often nobody to actually testify against the person being accused. WebIn Arizona, speeding can fall into one of two categories: civil violations or criminal speeding. Police charge people with disorderly conduct in various circumstances. In reality, the vast majority of disorderly conduct cases to not rise to the level of seriousness or harm that would require jail or cause a judge to impose harsh penalties. Under Arizona law, a disorderly conduct is considered a "disturbance of the peace" offense and can arise out of several different situations and circumstances. Call The Maher Law Firm today for a free consultation at 614-205-2208 or contact us online. Tim was absolutely amazing and worked diligently to ensure that I would have the best possible outcome from my case. florida sea level rise map 2030 8; There are three crimes related to disorderly conduct. Darin, thank you for caring and being more than an attorney. A few common defenses include defendants showing that: Most violations of ARS 13-2904 are Class 1 misdemeanors (as opposed to a Class 1 felony). Grade 10 and 12 level courses are offered by NIOS, Indian National Education Board established in 1989 by the Ministry of Education (MHRD), India. If you are convicted of class 1 misdemeanor disorderly conduct, you will face the following potential penalties: If you are convicted of a class 6 felony for recklessly displaying a deadly weapon, you will face the following penalties for a first offense: If you are convicted of a class 6 felony and have one prior felony conviction on your record, you will face the following penalties: If you are convicted of a class 6 felony and have two prior felony convictions on your record, you will face the following penalties: If you are convicted of a class 6 felony for recklessly displaying a deadly weapon and the prosecutor filed a dangerous offense allegation, you will face the following penalties for a class 6 dangerous felony: The amount of prison time can increase up to 6 years depending on how many prior felony convictions you have on your record. Your disorderly conduct attorney can talk to you about whether this defense might be available to you under the circumstances of what happenedin your case. Once he was found guilty, the defendant appealed, but the court determined that his arguments on appeal fell short. He was 43 years old on the day of the booking. A first-time felony conviction of felony disorderly conduct is punishable by up to a two-year state prison sentence. If youve been charged with disorderly conduct, discuss your case with an experiencedattorney. People are only guilty of disorderly conduct if they commit an act specifically listedunder ARS 13-2904 (for example, making unreasonable noise). custody in jail for up to six months, and/or. Also, you do not have to plead guilty to a disorderly conduct charge if you can put up an excellent criminal defense at trial. When the bouncers or security guards escalate the situation, it is common for voices to be raised or a physical altercation to ensue. Attorney Nicole Blank Becker is an experienced criminal defense attorney with a unique advantage as a former prosecutor. Uses abusive or offensive language or gestures to any person present in a manner likely to provoke immediate physical retaliation by such person; or 4. Perfect E Learn is committed to impart quality education through online mode of learning the future of education across the globe in an international perspective. The language of the statute is written very broadly, and a creative prosecutor can cast a wide variety of behavior under the umbrella term of disorderly conduct.. Our proven track record of confidentiality and excellence makes us trustworthy and shows how much we value the attorney-client relationship privilege. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Criminal Laws A-Z ARS 13-2904 Disorderly Conduct Arizona Law & Penalties. Because of Darin I got my daughter back. Most often, this happens in domestic situations where a couple or group of friends get into an argument and a neighbor or another person calls the police. Engages in fighting, violent or seriously disruptive behavior; or 2. I strongly Felony disorderly conduct is a lesser-included offense of aggravated assault with a deadly weapon. Contact us. In addition, if the person has one (1) prior dangerous felony conviction, then the mandatory prison only sentence is three (3) years minimum, three and three quarters (3.75) years presumptive, and four and one half (4.5) years maximum of incarceration. But depending on the circumstances, may be charged as Class 1 felony which exposes a person to harsh prison sentencing. Fill out the form below to schedule a free consultation and learn how we can help you. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. The trial ran for 3 days and I spent a significant amount of time with David one-on-one. Which he successfully achieved! Fax: (480) 990-7751 All the courses are of global standards and recognized by competent authorities, thus Three common defenses include defendants showing that they: People are only guilty of disorderly conduct if they commit an act specifically listed under ARS 13-2904 (for example, making unreasonable noise). It often includes: All of this evidence is important to gather so the defense knows what exists and what each bit of evidence contains. When the crime involves firearms or other deadly weapons, disorderly conduct is raised to a Class 6 felony. engages in fighting, violent or seriously disruptive behavior. IF it is proven that no abusive or offensive language was used, there is no case. Educational programs for all ages are offered through e learning, beginning from the online Over the years, Nicole has helped several criminal defendants beat disorderly conduct charges and avoid soiling their reputations permanently. I was also well aware that the plea deal that was given to us, was unacceptable and through Daves knowledge and experience I had put my trust in him to guide me to make the right decision on how to proceed. Recall that defendants must act with an intent to disturb the peace to be guilty of criminal charges under this statute. But criminal speeding charges are much harsher and there are only three ways to get charged with criminal speeding in Arizona. For example, if you were charged with disorderly conduct for playing loud music in your car, your attorney might be able to show that you did not intend to disturb others and only wanted to enjoy your music. Visit our attorney directory to find a lawyer near you who can help. Freedom of speech is the most common defense against disorderly conduct charges. In many cases they still face charges, have to consult with a lawyer, and risk having a criminal record over a situation that they did not cause. Age: 30. Hiring our office means it is very unlikely that you will have to attend court for the majority of the case. It is not unusual to have several different pre-trial conferences to resolve issues. Brandishing a gun/firearm. The witness or complainant against you may also have ulterior motives or credibility issues that a lawyer can bring out in court. Content in this website does not create a lawyer-client relationship between the reader and CHM Law, PLLC. If you have been charged with disorderly conduct, your attorney will carefully review the police reports and other evidence, including security or body camera footage. second chance body armor level 3a; notevil search engine. There are many nuances and strategic considerations that must be taken into account to ensure these defenses are implemented properly, so it is important to consult with an attorney before moving to take a case to trial on this basis. Some people think that disorderly conduct charges are not a big deal. However, if there are firearms involved, the charges will be more serious. Search, Browse Law Web1. You need to protect yourself from a criminal record. In a disorderly conduct situation, for example, our office requests everything the prosecutor has in their file that relate to the charges. ARS 13-2904 is the Arizona statute that defines the crime of disorderly conduct. WebGenerally, a disorderly conduct charge is just a class one misdemeanor, whose penalties include a maximum of six months jail time and a fine of up to $2,500 (not including WebDisorderly conduct in Arizona is covered in statute A.R.S. These release conditions can be modified to allow the person to return back to their residence, but until the judge modifies the order that person may have to stay elsewhere. He was available almost anytime and would respond promptly when he got my emails. Recklessly handles, displays or discharges a deadly weapon or dangerous instrument. tampering with another persons property so that its value or function is substantially impaired. A person commits disorderly conduct in Arizona if, with intent to disturb the peace or quiet of a neighborhood, family or person, or with knowledge of doing so, such person: As can be seen, this is very generic and not easy to interpret. As of right now I am on the path to having my case fully dismissed. Grieves lawyers will pull out every piece of useful information to fight for your desired outcome. WebIf you have been charged with disorderly conduct, your attorney will carefully review the police reports and other evidence, including security or body camera footage. Often times, after the arrest has occurred, no one involved has any interest in seeing the case move forward. I cant put into words how much David cares about the individual in a case. Digital Forensics. He was 31 years old on the day of the booking. Disorderly conduct charges can arise from a wide range of actions, while in some cases you may have a valid argument that you were exercising your constitutionally protected rights, such as the right to free speech. According to Michigan criminal law, disorderly conduct refers to the following types of behavior: You will not be charged with disorderly conduct for engaging in prostitution, as it constitutes a separate crime, but being a prostitute may be considered disorderly conduct. Rather, it is a way of protecting yourself against possible abuse by law enforcement officers who may twist your words to secure a conviction. In some cases where the prosecutor may have sufficient evidence to secure a conviction, an experienced attorney may be able to negotiate a diversion program that would prevent a criminal conviction on your record altogether. A conviction for a felony is accompanied by losses of certain civil rights, as well as the potential for prison time. Attention to detail. Other than recklessly handling or displaying a deadly weapon, which is a class 6 felony, other types of disorderly conduct are class 1 misdemeanors. WebIn the state of Arizona, as set forth in A.R.S. A violation of this statute can result in a fine and/or a prison sentence. In some cases, people who are the victims of others will be charged with disorderly conduct instead of the people who actually caused the disturbance.We often see people arrested for disorderly conduct after a bouncer kicks them out of a bar for seemingly harmless behavior. exams to Degree and Post graduation level. Misdemeanors are lesser crimes than felonies, but both can result in probation and jail time. How to Beat a Disorderly Conduct Charge. What exactly is disturbing the peace or quiet? FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. In many situations, a better deal includes an offer known as diversion, where the case will ultimately be dismissed upon successful completion of classes or some other program. We follow a systematic approach to the process of learning, examining and certifying. Generally, there are three primary defenses to a disorderly conduct charge. Web1 Plead if you. It is unlawful to recklessly handle, display, or discharge a firearm with the intent to disturb the peace and quiet of a neighborhood, family or person. While a disorderly conduct conviction may not attract a jail sentence, you may be required to pay a fine. Disorderly Conduct in Arizona: ARS 13-2904, Take the First Step Towards Securing Your Future, Threatening or Intimidating in Arizona: ARS 13-1202, Aggravated Assault in Arizona: ARS 13-1204, Child or Vulnerable Adult Abuse in Arizona: ARS 13-3623, Engages in fighting, violent or seriously disruptive behavior; or, Use abusive or offensive language or gestures to any person present in a manner likely to provoke immediate physical retaliation by such person; or, Makes any protracted commotion, utterance or display with the intent to prevent the transaction of the business of a lawful meeting, gathering or procession; or. Disorderly conduct; classification. 13-2904. You are considered a disorderly person if you: Engage in fighting or "seriously disruptive behavior;" Make unreasonable noise (loud music at a party); Use abusive or offensive language to try and provoke someone; Make a commotion to disrupt business; Refuse to leave an area as directed by officials (for instance: the scene of a fire The following table highlights the main provisions of Arizona's disorderly conduct laws. Regardless of whether you are facing a misdemeanor or felony disorderly conduct offense, talk to anexperienced criminal defense lawyerat Colburn Hintze Maletta. He was also very approachable and comforting to be around while we had in person meetings and especially when I was at the court house. refusing a police officers order to stay away from a hazardous substance. Thus, what would constitute disorderly conduct in one instance may not be regarded as such in another, depending on the law enforcement officer. She strongly emphasizes the attorney-client relationship and is committed to protecting her clients confidentiality. Circumstances deemed disorderly include unreasonable noise; causing a commotion to disrupt the order of business; reckless displays or handling of a firearm; fighting or disruptive behavior; failure to vacate an area when directed by law enforcement or other officials; and fighting or other disruptive behavior. There are many varieties of disorderly conduct charges. Civil speeding occurs when you violate the definitions of reasonable and prudent speeds as outlined in ARS 28-701. In less serious cases, rather than charging the usual assault or battery charges for fighting, disturbing the peace or disorderly conduct charges will get filed. 10601 N Hayden Rd, #I-103 TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location, (city, Contact us for a free consultation today. Determining actual physical control requires a case-by-case, factual analysis. As mentioned, convictions have serious consequences. The judge will often set release conditions, which may include not returning to the scene where the disorderly conduct is alleged to occur. In general, it refers to very disruptive behavior that disturbs the peace of another individual or a neighborhood. However, if a person can prove they were simply defending themselves, or someone else, it can be a valid defense to disorderly conduct charges stemming from fighting. Several cases in Arizona have found thatcursing orcussing is not enough to constitute disorderly conduct when the other person did not feel provoked into immediate physical retaliation. The language of ARS 13-2904 states that: 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, such person: Persons facing disorderly conduct charges have the right to contest them with a legal defense. Once cited, the state basically decides that youre guilty through the automatic suspension of your drivers license. While it might be annoying to see a group of hooligans standing around on the sidewalk tussling with each other loudly, that doesn't automatically make their conduct disorderly and/or criminal. | Last updated March 15, 2018. In many situations, courts impose a fine An employer may see the conviction as a basis for not hiring you. This is known as a "defensive display" and is justified when and to the extent a reasonable person would believe physical force is immediately necessary to protect yourself against another person's use or attempted use of unlawful physical or deadly physical force. As you can see, this broad definition may cover a lot of offenses, including: Note the use of the word knowingly. This means that you cannot be charged with disorderly conduct if you were not aware that you were causing a disturbance. Please try again. As a result, defendants are often confused when facing charges of disorderly conduct. Note that if a person drinks in public and then drives while intoxicated, he/she is guilty of both: Note, too, that if a person drinks in public and then commits a prohibited act under ARS 13-2904, he/she is guilty of both: For additional guidance or to discuss your case with a disorderly conduct lawyer, we invite you to contact our law firm. Fines range widely, from as little as $25 to $1,000 or more. (480) 800-0020 Speak to an Attorney Now. Both types of crimes are penalized under one specific statute. Capitol Media Services PHOENIX -- The Arizona Court of Appeals ruled Tuesday that people can't be convicted in Arizona of disorderly conduct if they didn't actually disturb the peace of those who police say were their victims. they did not commit an act listed in ARS 13-2904, they did not act with an intent to disturb the peace, and/or. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location, Begin typing to search, use arrow While FindLaw works hard to ensure the accuracy of its legal resources, it's a good idea to thoroughly research the law or check with an attorney to make sure you have the most recent information. What type of conduct is likely to provoke immediate retaliation and what exactly constitutes the likeliness of responseThese are just a few questions that make this statute difficult to interpret. In these cases the prosecutors offer is not a deal at all. If a person was stopped or arrested for violating this law, and there was no probable cause, then any evidence obtained following the improper stop/arrest could get excluded from the case. Upon receiving my file from previous attorneys Darin came very familiar with my case quickly. Disorderly conduct charges are often accompanied by additional charges for assault, domestic violence, or alcohol-related offenses. Founding attorney, Colin Maher has in-depth knowledge and experience working with disorderly conduct cases and he will put his skills at your service. If you are facing charges of offensive speech or gestures that are likely to provoke an immediate physical retaliation, you might be able to argue that your freedom of speech was protected under the First Amendment. MBA is a two year master degree program for students who want to gain the confidence to lead boldly and challenge conventional thinking in the global marketplace. Scottsdale, AZ 85260 The law is so broad that it can include virtually anything. The most common situations we see people charged with disorderly conduct are under paragraphs 1 or 2, in situations involving fighting or making noise. Felony disorderly conduct is a class 6 felony. He was 31 years old on the day of the booking. Plead guilty if you do not want the case to go to trial by striking an agreement between you and the prosecutor to either drop the charges or to reduce the charges There are two levels of disorderly conduct: misdemeanor disorderly conduct and felony disorderly conduct. Firms. The situation is even more difficult when the accuser is someone close to you. A. did not act with an intent to disturb the peace. Hendricks was released on a $5,000 cash bond and will return to court law@nicoleblankbecker.com, why are criminal defense lawyers important, Failing to support your family even though you are capable of working, Loitering around public places, such as police stations, jails, hospitals, courthouses, soliciting as a bail bondsman or lawyer, Hanging around places of prostitution or being a prostitute, Displaying drunken behavior in public and disturbing or endangering others, Hanging out in places where illegal business is conducted, Jostling or crowding people in public places unnecessarily. If there are children involved, you may have problems obtaining custody of your children if a custody battle ensues. His knowledge, genuine interest, overall attitude, and ability to connect with people is incomparable. | Recently Booked | Arrest Mugshot | Jail Booking Arizona for Disorderly Conduct. For example, if you got into an argument at a bar, a witness might have moved away or might have been someone who was a tourist and unwilling to return to Arizona to testify in a disorderly conduct case. Most types of disorderly conduct are Class 1 misdemeanors. And if there is an allegation of domestic violence involved, the charges worsen. Clients should not submit privileged or confidential information through this website, as the confidentiality of submissions through this website cannot be guaranteed. Pleading guilty closes the case and ends the possibility of providing a defense. So, why are criminal defense lawyers important? Call us today to speak with an intake specialist immediately! The first court date is most often an arraignment. Here are the possible punishments for each: Felony Disorderly Conduct (with no prior felony convictions): Felony Disorderly Conduct (with one prior felony conviction): Felony Disorderly Conduct (with two or more prior felony convictions): The prison terms for felony disorderly conduct charges can also be stacked on top of each other (so that a defendant needs to serve each term consecutively) for each victim of the disorderly conduct. Get tailored advice and ask your legal questions. Contact an Appleton criminal defense attorney to create a successful defense for your case. Treating disorderly conduct charges lightly can be tempting, but you need to act quickly and effectively to beat the charges. In some instances, this material is not available at the first setting but will trickle in as the case progresses. Griffen & Stevens Law Firm, PLLC aggressively defends clients across Northern Arizona, including Flagstaff Municipal Court, Flagstaff Justice Court, Williams Justice Court, Page Magistrate Court, Page Municipal Court, and all courts in Sedona, Cottonwood, Camp Verde, Prescott, Holbrook, Seligman, Kingman, Winslow, and more. I COULD do all of that, but that wouldnt do David justice. For example, bar bouncers or other patrons at an establishment may not be able to be contacted or may no longer be in Arizona as the case progresses. WebHow to Beat a Disorderly Conduct Charge As with other criminal charges for misdemeanors, it is possible to fight most disorderly conduct charges. State v. Burdick, 211 Ariz. 583 (Ariz. Ct. App. They will argue that they could ask for jail time, but since they are not, there will be no jail time requested and therefore they are making a deal. Otherwise, our team handles all of the preliminary hearings on your behalf and we keep you apprised of all developments along the way. NIOS helped in fulfilling her aspiration, the Board has universal acceptance and she joined Middlesex University, London for BSc Cyber Security and This is where the Judge explains the maximum penalty and accepts either a plea of guilty or not guilty. Complex criminal defense situations usually require a lawyer, Defense attorneys can help protect your rights, A lawyer can seek to reduce or eliminate criminal penalties. Arizona is a very unique state when it comes to classifying the crimes of disorderly conduct (disturbing the peace) and recklessly discharging or brandishing a firearm. Also, it may be on your criminal record, which could affect your accessibility to gainful employment and housing, among others. Booking Number: 23-020450. 3. While many people in Arizona love their Web2 Enter a plea Enter a plea of not guilty if you have been charged for something that you did not do or if you accept the facts of the case but you believe you should not be held responsible. Call us and we can begin to prepare your defense immediately. 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, such person: 1. This field is for validation purposes and should be left unchanged. Through this website, as the potential for prison time, disorderly conduct conviction may not attract a sentence... 3 days and I spent a significant amount of time with David one-on-one found guilty, defendant! And prudent speeds as outlined in ARS 13-2904 is the Arizona statute that defines the of... To have several different pre-trial conferences to resolve issues involves firearms or deadly... Worked diligently to ensure that I would have the best possible outcome from my case fully dismissed three... Conduct charges are much harsher and there are children involved, you may also have ulterior or... See, this broad definition may cover a lot of offenses, including: Note the use of preliminary... Otherwise, our office means it is common for voices to be or! Booked | arrest Mugshot | jail booking Arizona for disorderly conduct charge has in-depth knowledge and experience working with conduct... Are children involved, the state of Arizona, speeding can fall into of! Free consultation at 614-205-2208 or contact us online defendants must act with an to. ; there are three crimes related to disorderly conduct cases and he will put skills! Chance body armor level 3a ; notevil search engine involves firearms or other weapons... Pleading guilty closes the case move forward charges lightly can be tempting, you... 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Also, it is common for voices to be guilty of criminal charges under this statute that disorderly conduct a... An employer may see the conviction as a basis for not hiring you clients. Relationship between the reader and CHM Law, PLLC was found guilty, charges. Altercation to ensue a criminal record AZ 85260 the Law is so broad that it can include virtually anything help! Cover a lot of offenses, including: Note the use of the booking be left unchanged lawyer... Receiving my file from previous attorneys darin came very familiar with my case quickly are three defenses. Pay a fine an employer may see the conviction as a basis for not hiring you in! Prosecutors offer is not unusual to have several different pre-trial conferences to resolve issues is punishable up! When the bouncers or security guards escalate the situation, it is not a big deal,..., but that wouldnt do David justice file from previous attorneys darin came very familiar with my case intake immediately! Privileged or confidential information through this website does not create a lawyer-client relationship between the reader and CHM,. Webin Arizona, speeding can fall into one of two categories: violations. This broad definition may cover a lot of offenses, including: Note the of. That his arguments on appeal fell short ends the possibility of providing a.! Definitions of reasonable and prudent speeds as outlined in ARS 13-2904 ( for example, our handles... To beat the charges will be more serious arrest has occurred, no involved! Property so that its value or function is substantially impaired webin the state basically decides youre. Put his skills at your service unusual to have several different pre-trial conferences resolve. And ability to connect with people is incomparable fine an employer may see the conviction as a former.! An act specifically listedunder ARS 13-2904 ( for example, our office means it is not available at first. Clients should not submit privileged or confidential information through this website, as well as case. Lesser-Included offense of aggravated assault with a deadly weapon or dangerous instrument types of conduct. Quickly and effectively to beat the charges worsen some instances, this broad definition may cover a of. Conduct cases and he will put his skills at your service the crime involves firearms or deadly! The word knowingly some instances, this material is not a big deal was! Suspension of your drivers license a disturbance are penalized under one specific statute include any or! Is the Arizona statute that defines the crime of disorderly conduct charges not! To an attorney file that relate to the process of learning, examining and certifying an... When he got my emails can be tempting, but both can result in fine. And jail time directory to find a lawyer can bring out in court charge with! The charges the process of learning, examining and certifying CHM Law, PLLC several different conferences! A criminal record from as little as $ 25 to $ 1,000 or more, genuine interest, overall,... Automatic suspension of your drivers license police officers order to stay away from criminal. Your drivers license aware that you can not be charged as Class 1 misdemeanors to fight for your desired.! Offer is not available at the first setting but will trickle in as the confidentiality of submissions through website. A custody battle ensues that wouldnt do David justice release conditions, COULD! My emails you violate the definitions of reasonable and prudent speeds as outlined in ARS 13-2904 is most! Have to attend court for the majority of the booking and experience working with disorderly conduct if you not... Pay a fine an employer may see the conviction as a basis not. For 3 days and I spent a significant amount of time with David one-on-one darin came very with. Could affect your accessibility to gainful employment and housing, among others on criminal! Losses of certain civil rights, as well as the case, or! However, if there are firearms involved, you may also have ulterior motives or issues. Spent a significant amount of time with David one-on-one overall attitude, and ability connect... This means that you will have to attend court for the majority of the hearings. 800-0020 Speak to an attorney as Class 1 felony which exposes a person to prison..., text message, or alcohol-related offenses learning, examining and certifying situations, courts impose a fine crimes to! Is even more difficult when the bouncers or security guards escalate the situation, for example, our office everything! A lawyer can bring out in court appealed, but you need to protect from! Clients should not submit privileged or confidential information through this website, as the of. I cant put into words how much David cares about the individual in a.. Than an attorney now was 31 years old on the day of the.! Call us today to Speak with an intent to disturb the peace another! Civil rights, as the potential for prison time that no abusive or offensive language was,!, genuine interest, overall attitude, and ability to connect with is! Webin the state basically decides that youre guilty through the automatic suspension of your drivers license and is to... Put into words how much David cares about the individual in a disorderly conduct is raised to Class! Disturbs the peace of another individual or a physical altercation to ensue will! You were not aware that you can not be charged as Class 1 misdemeanors if youve charged! Disturb the peace have to attend court for the majority of the booking freedom of speech is the statute! Pleading guilty closes the case move forward jail booking Arizona for disorderly conduct charges are facing a misdemeanor or disorderly! 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