Disorderly Conduct in Colorado

Disorderly Conduct - C.R.S. 18-9-106

There are several ways a person can be charged with disorderly conduct in Jefferson, Adams, Douglas, Denver or any of the other 63 counties in Colorado. A person can be arrested for disorderly conduct if he or she intentionally, knowingly or recklessly does any of the following:

1) Makes a coarse and obviously offensive utterance, gesture or display in a public place and it is intended to incite an immediate breach of the peace. (C.R.S. 18-9-106(a))

2) Makes unreasonable noise in a public place or near a private residence that he or she has no right to occupy. (C.R.S. 18-9-106(c))

3) Fights with another in a public place (exceptions apply for sporting events and the like). (C.R.S. 18-9-106(d))

4) Discharges a firearm in a public place (exceptions apply for peace officers and other lawful activities). (C.R.S. 18-9-106(e))

5) Displays a deadly weapon or 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. (C.R.S. 18-9-106(f))

Classes of Disorderly Conduct Charges

In most cases, an offense under item one or two above is considered a Class 1 petty offense, while an offense under item three is a more serious Class 3 misdemeanor. If found guilty under items four or five, the conviction will result in the most serious of the disorderly conduct violations, a Class 2 misdemeanor. Even more serious felony charges that look very similar to items four and five, such as C.R.S. 18-12-107.5, illegal discharge of a firearm; or C.R.S. 18-3-206, menacing. It is not uncommon for prosecutors to file the more severe charges initially, in hopes of scaring a defendant into take a plea deal to a lesser offense. This gives a prosecutor in El Paso, Weld or Clear Creek counties the opportunity to receive credit for a conviction without having to prove anything in a court of law. Prosecutors are highly motivated by the number of convictions they are able to achieve.

If you are charged with disorderly conduct, or one of the more serious related felonies, you need to talk to an experienced criminal defense attorney. The attorneys at O'Malley Law Office, P.C., have extensive experience in the Denver metro area, as well as the eastern counties such as Morgan, Yuma and Washington. Our advice is the same in Montrose, Delta and Mesa counties: "Be smart, exercise your right to remain silent and call us at 303-731-0719. Together we can protect your future."

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