Understanding Disorderly Conduct with a Weapon Arizona: ARS 13-2904 (6)
Facing disorderly conduct with a weapon Arizona charge is overwhelming. The legal system is complex and can be intimidating. Understanding the specifics of the crime and the potential penalties if convicted are important steps in navigating the legal system.
This guide provides a detailed overview of ARS 13 2904 (6). It explains key terms and the sentencing guidelines for disorderly conduct involving a weapon. It also answers frequently asked questions about your charges.
Remember, this information is for educational purposes only and is not a substitute for legal advice from an experienced Arizona criminal defense lawyer. If you are charged with disorderly conduct with a weapon Arizona, consult with a qualified Arizona criminal defense attorney as soon as possible.
What is Disorderly Conduct Involving Weapons Under ARS 13-2904?
Disorderly conduct involving weapons is a subset of ARS 13-2904. Subsection 6 of ARS 13 2904 defines disorderly conduct with a weapon as knowingly and recklessly handling, displaying, or discharging a firearm or dangerous instrument with intent to disturb the peace.
This broad definition includes many different actions. The main point is that the actions with the weapon are reckless and intentional. This is the main idea of Arizona disorderly conduct involving weapons.
This law doesn’t just focus on firearms. It also includes the reckless handling, display, or discharge of any deadly weapon or dangerous instrument. This means that disorderly conduct involving a weapon that is not a gun could result in charges under ARS 13-2904 (6).
ARS 13-2904: Misdemeanor vs. Felony
The severity of charges under ARS 13-2904 depends on the specifics of the disorderly conduct. The first five subsections of ARS 13 2904 are misdemeanor offenses. Misdemeanor disorderly conduct is defined as knowingly disturbing the peace of a neighborhood, family, or person, by:
- Fighting, being violent, or causing serious disruptions.
- Making too much noise.
- Using abusive or offensive language or gestures that might cause a person to fight back.
- Making a long, loud disturbance to stop a lawful meeting, gathering, or event from happening.
- Refusing to follow an order to leave to keep people safe near a fire, hazard, or other emergency.
Disorderly conduct under ARS 13 2904 (6) becomes a felony under Arizona law because a deadly weapon or dangerous instrument is involved in the crime. Specifically, disorderly conduct involving a weapon is a Class 6 felony if a person knowing disturbs the peace of a neighborhood, family, or another person by recklessly handling, displaying or discharging a deadly weapon or dangerous instrument.
Sentencing for Disorderly Conduct Involving a Weapon:
If you’re convicted of disorderly conduct under ARS 13-2904, a judge will look at what you did, whether a weapon was involved, what kind of weapon it was, and your past criminal record. The penalties listed below are just possible outcomes; the actual punishment can be different.
| Offense Type | Potential Penalties |
|---|---|
| Class 6 Felony (Firearm) | 1.5 to 3 years in prison, substantial fines, probation, and community service. |
| Class 1 Misdemeanor | Up to 6 months in jail, fines, probation, and community service. |
Frequently Asked Questions:
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Key Takeaways:
- Definition and Scope: Arizona’s ARS 13-2904 (6) defines disorderly conduct involving weapons as recklessly handling, displaying, or discharging a firearm or dangerous instrument with the intent to disturb the peace. This applies to a wide range of actions involving deadly weapons.
- Felony Charges: Unlike other types of disorderly conduct, involving a weapon elevates the charge to a Class 6 felony, which carries more severe penalties.
- Penalties and Sentencing: Sentences for a Class 6 felony involving a firearm can range from 1.5 to 3 years in prison, along with fines, probation, and community service.
Next Steps:
Disorderly conduct with a weapon Arizona is a serious crime with serious consequences. The charges and the resulting sentence depend on many factors. You need to understand the law and your rights to effectively get through this difficult situation.
If you’re facing Disorderly conduct with a weapon charges, under ARS 13-2904 (6), engaging a skilled Arizona criminal defense attorney is essential to protect your rights and manage the process. Don’t try navigating the legal system alone; get an experienced criminal defense lawyer on your side right away.