What do police do when they don’t know which crime they should charge? Usually, they charge people with Disorderly Conduct – C.R.S. 18-9-106, which is a catch-all crime in Morgan, Logan, and Weld County. Disorderly Conduct is a vague crime which fits in many different circumstances. This doesn’t mean a conviction isn’t serious – any conviction, whether it is a misdemeanor or a felony, will have a negative effect on your future. Let’s look at this criminal offense a bit closer:
Disorderly Conduct Defined
The Disorderly Conduct statute states a person will be charged if they “intentionally, knowingly, or recklessly”:
- Make a coarse and obviously offense gesture, display or utterance in a public place, and the purpose of this action is to incite an immediate breach of peace; or
- Make unreasonable noise in a public place, or near a private residence they have no reason to occupy; or
- Fight with another person in a public place (unless they are participating in an amateur or professional athletic competition); or
- Discharge a firearm in a public place (unless they are a policeman, or engaging in hunting or target practice); or
- Display a deadly weapon, or anything which could be construed to be a deadly weapon, or say they have a deadly weapon or are otherwise armed in a public place in a manner calculated to alarm.
Disorderly Conduct Fits Many Occasions
To put it simply, you will be charged with Disorderly Conduct if you cause alarm by fighting, yelling obscenities, or otherwise engaging in conduct which is meant to breach the peace. Unfortunately, this crime is often misconstrued by the police. Disorderly Conduct is often charged after bar fights, when both parties were fighting (if the fight wasn’t mutual, one person could be charged with Assault, while the other was protecting themselves through self-defense). On the other hand, it is often charged after road rage incidents, after one frustrated driver gives “the finger” to another driver who calls police and accuses him of this crime. Another instance where Disorderly Conduct can be charged is after a man decides to open carry his gun. If people are scared and shocked at the sight of this deadly weapon, he could face charges for inciting alarm. When looking to charge people with Disorderly Conduct, Greeley, Evans, and Erie police are supposed to look for the “intent” to incite an immediate breach of peace. Unfortunately, many Weld County sheriff’s deputies and Greeley police officers overlook this needed element. As a result, many people are charged with this catch-all crime without proof they were trying to incite alarm or a breach of peace.