In Greeley, Colorado, you can be charged with Disorderly Conduct if you breach the peace by fighting or discharge a weapon. This criminal charge can also be issued for yelling at someone, flipping them off, being too loud, fighting, shooting a gun, or displaying a firearm (this one could conflict with Constitutional rights to carry a firearm for protection).
5 Important Factors to Consider in your Disorderly Conduct Case
- In Weld County, What is the Definition of Disorderly Conduct, C.R.S. 18-9-106?
- Examples in Greeley, Colorado of Disorderly Conduct Behavior
- Sentence and Penalties for Disorderly Conduct in Weld County
- How Judges and Prosecutors See Disorderly Conduct in Colorado Courts
- Why Should You Hire an Experienced Disorderly Conduct Lawyer in Greeley
A Quick Example of this crime:
A Douglas County man refused to leave the airport and threatened employees after he refused to show proof of a negative Covid-19 test while he was traveling out of the country. Disagreeing with a law does not provide an exception to it. Having an experienced Disorderly Conduct lawyer who can protect you in the Weld County Court system is essential for your best outcome. If you are facing a Disorderly Conduct charge in Fort Collins, Colorado click here.
1. In Weld County, What is the Definition of Disorderly Conduct, C.R.S. 18-9-106?
The definition of Disorderly Conduct, C.R.S. 18-9-106, in Weld County is:
(a) Makes a coarse and obviously offensive utterance, gesture, or display in a public place and the utterance, gesture, or display tends to incite an immediate breach of the peace; or
(b) (Deleted by amendment, L. 2000, p. 708, § 39, effective July 1, 2000.)
(c) Makes unreasonable noise in a public place or near a private residence that he has no right to occupy; or
(d) Fights with another in a public place except in an amateur or professional contest of athletic skill; or
(e) Not being a peace officer, discharges a firearm in a public place except when engaged in lawful target practice or hunting or the ritual discharge of blank ammunition cartridges as an attendee at a funeral for a deceased person who was a veteran of the armed forces of the United States; or
(f) Not being a peace officer, displays a deadly weapon, displays any article used or fashioned in a manner to cause a person to reasonably believe that the article is a deadly weapon, or represents verbally or otherwise that he or she is armed with a deadly weapon in a public place in a manner calculated to alarm.
(2) Repealed.
(3) (a) An offense under paragraph (a) or (c) of subsection (1) of this section is a class 1 petty offense; except that, if the offense is committed with intent to disrupt, impair, or interfere with a funeral, or with intent to cause severe emotional distress to a person attending a funeral, it is a class 2 misdemeanor.
(b) An offense under paragraph (d) of subsection (1) of this section is a class 3 misdemeanor.
(c) An offense under paragraph (e) or (f) of subsection (1) of this section is a class 2 misdemeanor.
In the story above the man allegedly made unreasonable noise and stayed where he no longer had a right to occupy. If it is proven that he did these actions, he could be convicted of Disorderly Conduct.
2. Examples in Greeley, Colorado of Disorderly Conduct Behavior
Some examples of behavior that could be charged as Disorderly Conduct in Greeley are:
- Starting a fight in a bar
- Showing a gun to your friends in a mall and then pointing it (even if it is a joke) at another person
- Yelling fire or pulling a fire alarm in a public place as a joke
- Shooting a gun into the air in a park
For a Disorderly Conduct crime to be charged, the person must “intentionally, knowingly, or recklessly” act. This burden of proof is on the prosecution and can be defended against. The man in the story above knew that yelling and threatening the airport employees would disrupt the peace, and if that is proven, he could be convicted if the other crime elements are proven to the jury.
3. Sentence and Penalties for Disorderly Conduct in Weld County
In Weld County, the sentence for a Disorderly Conduct conviction and the penalties depend on the class of the offense. A class 1 petty offense has penalties of a fine up to $500, and up to 6 months in the Weld County Jail. A class 3 misdemeanor can have penalties of a fine between $50 – $750, and up to 6 months in jail. If it is a class 2 misdemeanor a fine between $250 – $1,000, and 3 months – 12 months in jail. Even though misdemeanor offenses don’t often seem serious, you can face significant penalties. Always consult an experienced criminal defense lawyer if you have been given a Disorderly Conduct ticket or charge.
4. How Judges and Prosecutors See Disorderly Conduct in Colorado Courts
Colorado judges and prosecutors are overwhelmed. They can’t easily handle the volume of criminal cases on their dockets. But, they also want to avoid criticism for dismissing cases without a good reason. They best like a reduced plea. This gives them a bit of accountability and helps them save face if anyone criticizes them – such as their victim. Victims are respected, because complaints by victims are dangerous to the careers of judges and victims. So, defense attorneys find good reasons to dismiss the case or good alternatives for plea agreement reductions. After being in courtrooms for over 30 years for our own cases, and waiting while other lawyers handle their cases, we know how things work and have a treasure chest of creative ideas to apply to your case.
5. Why Should You Hire an Experienced Disorderly Conduct Lawyer in Greeley
When you are facing a Disorderly Conduct charge in Greeley, you need to have an experienced lawyer who can study the details of your case and compare those to the elements of the case and available legal defenses. Defense attorneys also know ways to structure a plea so you can avoid a permanent conviction. Finally, we’ve worked with the judges and DA’s, and understand their perspective. There are many things to look at when it comes to a Disorderly Conduct charge and Greeley’s leading lawyers at the O’Malley Law Office can help you.
Are you facing a Disorderly Conduct charge in Greeley or Weld County? If so, contact the O’Malley Law Office immediately. Be smart and exercise your right to remain silent. Police are not there to help you but to get a case together, so be quiet! Call 970-616-6009 to meet with an experienced criminal defense lawyer. Together, we can protect your future.
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