There are many different actions that can result in Disorderly Conduct charges in Greeley and Weld County. As experienced criminal defense attorneys, we often see Disorderly Conduct charges result from a night of drinking out in Greeley. Let’s take a closer look at how this crime is charged in the State of Colorado.
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How is Disorderly Conduct Charged in Weld County?
The Weld County, Colorado law definition of Disorderly Conduct – C.R.S. 18-9-106 – 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 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 and does alarm another person.
Greeley Examples of Disorderly Conduct: Drunk in Public
You can probably see, after reading the definition of Disorderly Conduct above, that it is an easily charged crime. Now, is being drunk in public a crime in Colorado? No, it isn’t. But, often the actions of someone under the influence meet the Disorderly Conduct definition. Here are some examples:
- John is asked to leave a bar after being overserved. Not happy that he is being kicked out, he starts yelling, cussing, and giving the finger to the bouncer and all the patrons outside the bar.
- Mary decided to walk home from a night out with the girls. Her boyfriend calls her while she is walking through a quiet neighborhood, and gets angry that she is drunk. The two begin arguing and Mary ends up screaming into the phone. Neighbors call the police and charges are filed.
- Two friends are at the bar having some drinks when a touchy subject comes up. The two disagree on the matter and, because their inhibitions are lowered due to the alcohol consumption, they begin physically fighting with each other. They are both charged with Disorderly Conduct.
Penalty for Eaton or Evans Disorderly Conduct Case
Disorderly Conduct charges stemming from an incident in Eaton or Evans can be charged differently based on the subsection the person is charged under. It is a:
- Petty offense if charged under subsection (1)(a) or (1)(c)
- However, if related to interrupting a funeral, it is a class 2 misdemeanor.
- Petty offense if charged under subsection (1)(d)
- Class 2 misdemeanor if charged under subsection (1)(f)
- Class 1 misdemeanor if charged under subsection (1)(e)
Penalties range from a simple fine to a year in the Weld County Jail.
If you or someone you love has been charged with Disorderly Conduct, be smart, exercise your right to remain silent and contact the best criminal defense attorneys from the O’Malley Law Office at 970-616-6009 to schedule a free initial consultation. Together, we can protect your future.
Photo by Anete Lusina