Are you facing a Disorderly Conduct charge in Weld County? Get help from Greeley’s leading lawyers at the O’Malley Law Office. Greeley and Weld County charges of Disorderly Conduct can be charged when a person disrupts the peace, fights, or fires a weapon in public. The crime of Disorderly Conduct can be either a petty offense or a misdemeanor. While this does not seem like a major crime, it is still a criminal charge and can be charged with other related offenses. Below, our defense lawyers will discuss Disorderly Conduct, why you need to hire leading Greeley lawyers, and details of related criminal offenses. If you are facing a Disorderly Conduct charge in Fort Collins, you can get help by clicking here.
Legal Definition of Disorderly Conduct from C.R.S. 18-9-106, in Greeley, Colorado
The legal definition of Disorderly Conduct, under C.R.S. 18-9-106, in Greeley 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
(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; 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.
Even with the broad definition of Disorderly Conduct, it is important to note that a person cannot be charged unless they “intentionally, knowingly, or recklessly” disturb the peace.
What are the Definitions of “Intentionally”, “Knowingly”, or “Recklessly” in C.R.S. 18-9-106 in Fredrick, Erie, or Severance, Colorado?
In Fredrick, Erie, Severance or anywhere else in Colorado, it is important to understand the definitions of the words in a criminal charge. When you are facing a Disorderly Conduct charge some of the key term definitions in C.R.S. 18-9-106 are:
- “Intentionally” or “with intent”. All offenses defined in this code in which the mental culpability requirement is expressed as “intentionally” or “with intent” are declared to be specific intent offenses. 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”. All offenses defined in this code in which the mental culpability requirement is expressed as “knowingly” or “willfully” are declared to be general intent crimes. 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.
What are the Penalties and Sentence for Disorderly Conduct in Weld County?
In Weld County, the punishment and sentence for Disorderly Conduct depends on the conduct that caused the charge. An offensive utterance or fight in public, is a petty offense and the penalties can include a fine of up to $300, up to 10 days in the Weld County Jail, or both. If you display a deadly weapon in public or disrupt a funeral, then you will be charged with a class 2 misdemeanor with penalties of up to 120 days in jail and up to a $750 fine. Discharging a weapon in public when you are not a peace officer 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.
Why You Should Hire a Top Greeley, Colorado Lawyer
In Greeley, an experienced lawyer can help you get charges dismissed or the best outcome in your Disorderly Conduct charge case. The lawyers at the O’Malley Law Office have over 30 years of experience in Disorderly Conduct cases and can help you. Some Disorderly Conduct charges can use constitutional defenses, such as free speech.
Disorderly Conduct is often over charged, and even a less severe criminal conviction can affect a person’s ability to go to school or lose a job opportunity. Often a Disorderly Conduct charge can have related charges filed, which include:
- Resisting Arrest – C.R.S. 18-8-103
- Harassment – C.R.S. 18-9-111
- Trespassing – C.R.S. 18-4-504
- Obstruction of a Peace Officer – C.R.S. 18-8-104