In Weld County, when a person disrupts the peace, fights, or fires a weapon in public they can be charged with Disorderly Conduct. This criminal charge can be a petty offense or misdemeanor. Although this classification may seem insignificant, any criminal charge can cause a loss of freedom, money, and a criminal record. Below, our top defense attorneys will discuss the top 5 Things to know if you are facing a Disorderly Conduct charge:
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#1. Colorado Definition of Disorderly Conduct from C.R.S. 18-9-106
The legal definition of Disorderly Conduct, under C.R.S. 18-9-106, in Colorado is:
A person commits Disorderly Conduct if he or she intentionally, knowingly, or recklessly:
(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
€ 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; €(e) Not being a peace officer, discharges a firearm in a public place; or
(f) Not being a peace officer, displays a real or simulated firearm, displays any article used or fashioned in a manner to cause a person to reasonably believe that the article is a firearm, or represents verbally or otherwise that he or she is armed with a firearm in a public place in a manner calculated to alarm.
Disturbing the peace, does not necessarily result in a Disorderly Conduct charge – unless the defendant “intentionally, knowingly, or recklessly” acts.
#2. Common Examples of Disorderly Conduct in Greeley, Colorado
Disorderly Conduct is charged when a defendant “intentionally, knowingly, or recklessly” acts in a way that disturbs the peace. A few common examples of Disorderly Conduct are:
- Discharging a firearm in a public place such as a street or park.
- Getting into a fight at a bar, club, school, or any type of publicly fighting.
- Swearing, yelling, and flipping off people or any other type of loud, and offensive gestures or comments in a public place that breach the peace.
- Waiving a gun around a crowd of people in such a manner that people become uncertain and afraid of your intentions.
#3. Weld County Definition of “Intentionally”, Knowingly”, or “Recklessly” in C.R.S. 18-9-106
The definitions of the words in a Weld County criminal charge and the ability to understand them, is critical to winning a criminal case. With a Disorderly Conduct charge, some of the key words to know are “Intentionally”, Knowingly”, or “Recklessly,” in C.R.S. 18-9-106. The definitions are:
“Intentionally” or “with intent”. A person acts “intentionally” or “with intent” when his conscious objective is to cause the specific result proscribed by the statute defining the offense. It is immaterial to the issue of specific intent whether or not the result actually occurred.
“Knowingly” or “willfully”. A person acts “knowingly” or “willfully” with respect to conduct or to a circumstance described by a statute defining an offense when he is aware that his conduct is of such nature or that such circumstance exists. A person acts “knowingly” or “willfully,” with respect to a result of his conduct, when he is aware that his conduct is practically certain to cause the result.
“Recklessly”. A person acts recklessly when he consciously disregards a substantial and unjustifiable risk that a result will occur or that a circumstance exists.
#4. Sentence and Penalties for Disorderly Conduct in Fort Lupton, Firestone, or Windsor, Colorado
In Fort Lupton, Firestone, Windsor, and the rest of Colorado, your level of penalty will depend on the action you are accused of, which resulted in the charge of Disorderly Conduct. Fighting in public or yelling obscenities are petty offenses with penalties that can include up to $300 in fines, 10 days in the Weld County Jail, or both. Discharging a firearm into public is a class 1 misdemeanor which carries the most severe penalties of up to $1,000, 364 days in the Weld County Jail, or both. Making a course and obviously offensive utterance, gesture or display is a petty offense and can result in up to $300 in fines, 10 days in the Weld County Jail, or both.
#5. Why Hire a Top Disorderly Conduct Attorney in Weld County?
In Weld County, Disorderly Conduct is a broad charge that is also charged with other crimes. A top attorney can get you the best outcome in your case, by proving your innocence and the guilt of others. We’ve been practicing law more than most county court DAs, and they listen to our arguments. If need be, we can persuade a jury of your innocence. Put our more than 30 years of experience fighting against Disorderly Conduct charges to work for you. In many cases, we obtain reduced charges, probation, and dismissal of cases.