Understanding Disorderly Conduct with a Weapon: ARS 13-2904 (6)
Facing a disorderly conduct with a weapon charge can be overwhelming. The legal system can feel complex and intimidating. Lawyer Listed provides clear information about the charge and the possible penalties, helping you understand each step of the process.
This guide provides an in-depth examination of the disorderly conduct with a weapon Arizona law. It explains key legal terminology, sentencing frameworks, and the broader implications of the charge.
Remember, this information is for educational purposes only and is not a substitute for legal advice from an experienced Arizona criminal defense attorney. If you are charged with disorderly conduct with a weapon, let Lawyer Listed match you with your ideal criminal defense lawyer as soon as possible.
What Is Disorderly Conduct with a Weapon?
Disorderly conduct involving weapons falls under Arizona Revised Statute 13-2904. This is one of the most serious types of disorderly conduct in Arizona. Subsection 6 of ARS 13-2904 makes it illegal to intentionally or knowingly disturb the peace or quiet of a neighborhood, family, or person by recklessly handling, displaying, or discharging a firearm or dangerous weapon.
You don’t have to actually hurt someone to be charged. The prosecutor only needs to prove that you acted recklessly with a weapon and intended to disturb others.
This law applies to more than just guns. You can be charged for recklessly handling, displaying, or using any deadly weapon or dangerous instrument. For example, you could face charges under ARS 13 2904 (6) if you waved a knife around in a way that intentionally or knowingly disturbed the peace.
Understanding what counts as “reckless” is important. Reckless behavior means you knew your actions could cause problems but did them anyway. It’s more than just an accident, but less than planning to cause harm. For example, waving a gun around at a party, even as a joke, could be considered reckless under this law.
Key Concepts of Disorderly Conduct with a Weapon
- Intentionally / With intent to: Acting with the objective of causing a specific result or engaging in particular conduct. In plain terms, you meant to do it.
- Knowingly: You are aware of your actions or the circumstances that make up the offense. Knowingly does not require that you know your conduct is illegal; you just need to be conscious of what you are doing or the situation you are in.
- Recklessly: You are aware of and deliberately choose to ignore a significant and unjustifiable risk that could lead to harmful consequences. This conscious disregard must represent a substantial departure from how a reasonable person would behave under the same circumstances.
- Dangerous instrument: Anything that, under the circumstances in which it is used, attempted to be used, or threatened to be used, is readily capable of causing death or serious physical injury.
- Deadly weapon: Anything designed for lethal use, including a firearm.
- Dangerous offense: An offense involving the discharge, use, or threatening exhibition of a deadly weapon or dangerous instrument or the intentional or knowing infliction of serious physical injury on another person.
ARS 13-2904: Misdemeanor vs. Felony
Not all disorderly conduct charges are the same. The first five parts of ARS 13-2904 are misdemeanor offenses. These are less serious charges. Misdemeanor disorderly conduct occurs if you intentionally or knowingly disturb the peace of a neighborhood, family, or another person by doing any of the following:
- Engaging in fighting, violent behavior, or making serious disruptions that threaten people or property.
- Making unreasonably loud noise that disturbs others and continues after being asked to stop.
- Using offensive words, language, or gestures in a way that is likely to provoke someone to fight or retaliate immediately.
- Creating a prolonged and intentionally loud disturbance that prevents a lawful meeting, gathering, procession, or event from taking place.
- Refusing to obey a lawful order to move away from an area near a fire, hazardous situation, or other emergency when the order is given to protect public safety.
Disorderly conduct becomes much more serious when a weapon is involved. Under ARS 13-2904 (6), disorderly conduct charges increase from a misdemeanor to a Class 6 felony under Arizona law.
Elements of Disorderly Conduct with a Weapon
To convict you of disorderly conduct with a weapon in Arizona, the prosecution must prove two elements beyond a reasonable doubt:
You intentionally or knowingly disturbed the peace or quiet of a neighborhood, a family, or a person.
You recklessly handled, displayed, or discharged a deadly weapon or dangerous instrument.
Arizona Statute of Limitations for ARS Disorderly Conduct with a Weapon
The statute of limitations is the deadline for filing criminal charges after an alleged offense. For disorderly conduct involving weapons, prosecutors generally have up to seven years from the date of the alleged offense to bring charges.
Sentencing for Disorderly Conduct with a Weapon
The penalty for disorderly conduct with a weapon is substantial and can have long‑lasting effects. Sentences vary based on your criminal history and the facts of the case. Understanding these consequences helps you make informed decisions about your defense.
| Offense | Charge | Prison | Probation |
|---|---|---|---|
| Disorderly conduct with a weapon | Class 6 felony | 0.33 – 2 years | Up to 3 years |
| Disorderly conduct with a weapon | Class 6 dangerous felony | 1.5 – 3 years | Not available |
Frequently Asked Questions (FAQs)
Don’t worry if this seems overwhelming; Lawyer Listed has already done the work for you and is ready to match you with an elite lawyer tailored to your needs and your case.
Key Takeaways:
- Definition: Arizona’s ARS 13-2904 (6) makes it a crime to intentionally or knowingly disturb the peace by recklessly handling, displaying, or discharging a firearm or dangerous instrument. This law is broad and can apply to many different situations involving deadly weapons. Whether you waved a gun during an argument, fired a weapon in a public place, or handled a dangerous weapon recklessly, you could face charges under this statute.
- Felony Charges: The involvement of a weapon or dangerous instrument when disturbing the peace makes the charge much more serious. While most types of disorderly conduct are misdemeanors, disorderly conduct with a weapon is elevated to a Class 6 felony.
- Sentencing: Disorderly conduct with a weapon carries different penalties depending on the circumstances of the crime.
- Disorderly conduct with a weapon: Classified as a Class 6 felony with a potential prison sentence ranging from 4 months (0.33 years) to 2 years and/or up to 3 years of probation.
- Disorderly conduct with a weapon (dangerous offense): Classified as a Class 6 dangerous felony with a prison sentence between 1.5 and 3 years without the possibility of probation.
- Statute of limitations: The statute of limitations for disorderly conduct with a weapon is seven years from the date of the offense.
Next Steps:
Disorderly conduct with a weapon is a serious criminal allegation with consequences that can affect the rest of your life. Outcomes depend on many factors. Lawyer Listed meets you where you are and helps you understand the law and your rights.
If you’re facing disorderly conduct with a weapon Arizona charges, engaging a skilled criminal defense attorney is important to protect your rights and manage the process. Don’t try navigating the legal system alone; match with your ideal lawyer at LawyerListed.com and get an experienced criminal defense lawyer on your side right away.