Disorderly Conduct, C.R.S. 18-9-106, in Denver, Arapahoe, and Douglas County can have a devastating impact on your job, family, and life. An experienced lawyer who handles cases of fighting in public can make the difference in your case between jail and freedom. Beware when facing these broad allegations. The government will try to convict you of a crime even if you have done nothing wrong. Police have a self interest in convictions.
Disorderly Conduct charges can result from a broad array of conduct. You could encourage someone in a violent act, have a noise violation, fight with another person in a public place, discharge a firearm in a public place, or display or declare that you have a firearm in order to alarm others. The majority of the cases we see involving this crime are based on comments to someone which they find offensive or coarse, or on someone discharging a firearm in a public place.
Right of First Amendment Free Speech and Disorderly Conduct
In Adams, Jefferson, and Boulder, many people are charged with a crime for “flipping the bird” to another person, calling someone else a crude name, or cussing out another driver in a fit of road rage. Do you have Free Speech to say these things and not be prosecuted? The basic concept is that you have the right to use colorful language when you want to. Limitations to free speech exist where your language would incite someone else to an immediate breach of the peace. Essentially, if you are using hate filled speech to a group of KKK supporters and telling them to go hurt others, you are likely violating the law and your free speech is restrained. Anything short of inciting a breach of the peace is not a violation of the law and you should not be prosecuted.
Accidental Discharge of a Firearm
In Weld, Larimer, and El Paso County, the District Attorneys like to prosecute these Disorderly Conduct crimes because they involve the use of a gun. The government thinks guns are bad and the people who use guns are bad. It is always an uphill battle in any county where a firearm is involved. Criminal defense lawyers rely on affirmative defenses and our constitutions to overcome the government’s misplaced fear of firearms.
The bottom line in the broad array of Disorderly Conduct charges in Aurora, Lakewood, or Thornton is to be smart, exercise your right to remain silent, and call us for a free consultation at 303-731-0719. Together, we can protect your future.