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Spring and Summer's Disorderly Conduct - C.R.S. 18-9-106

In driving cases, police use Careless Driving as the catch all charge when they want to write a ticket and the facts fit no other crimes. With criminal cases, Disorderly Conduct, C.R.S. 18-9-106, is the wild card crime. It fits so many circumstances that police officers charge it when a person is just being ornery and no other crimes fit. As with so many crimes, alcohol use often accompanies Disorderly Conduct in Denver and Douglas County Colorado. When someone has too much to drink, they are loud, yelling, and simply disturbing others who are trying to sleep. Under these circumstantces, they are frequently charged.

We also see men and women fighting in Arapahoe and Jefferson County, and that can produce charges of Disorderly Conduct in a mutual fight. If not mutual, it will be seen as Assault, C.R.S. 18-3-203, and one person charged under that statute. Police support this distinction by the belief that mutual fighting does not really have a victim other than the public who must listen or watch the disturbing behavior. It is noteworthy how quickly police change their mind when someone in a mutual fight injures another seriously, especially when any item is used to hit or strike and injure another. A simply Disorderly Conduct case quickly becomes a felony assault.

Traffic offenses and road rage can result in "the finger" being shown to another. As a result, charges of Disorderly Conduct can result in Adams and Broomfield County. There is supposed to be "intent" to incite an immediate breach of the peace, but most police and District Attorneys overlook that element.

Finally, the display or discharge of a gun or firearm in a public place can also result in charges of Disorderly Conduct in places like Eagle and Summit County. A logical question is how the mere display of a firearm can result in criminal charges, particularly with the Colorado and U.S. Constitutions guaranteeing the right to possess a firearm in defense of person or property. It is hard to possess a firearm without displaying it. Our legislature also says you must display it in a manner that is "calculated to alarm" others, in order to support charges.

All in all, this Disorderly Conduct "catch all" charge is a favorite of police, despite our constitutional rights to protest, talk, and possess a firearm. If you are charged by police, keep all your defense options open by exercising your right to remain silent and calling our lawyers at 303-731-0719. Together, we can protect your future.

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