What To Do After Being Charged for Disorderly Conduct in Colorado
You’re out on the town, having fun with your friends — maybe a little too much fun. An officer stops you for disturbing the peace, and before you know it, you’re being charged with disorderly conduct in Colorado.
Although disorderly conduct isn’t a serious crime, it still carries unpleasant penalties. For the strongest chance of coming out unscathed, learn what to do after you’ve been arrested for disorderly conduct below.
What Is Disorderly Conduct?
“Disorderly conduct” can mean quite a few things. If you punched someone in front of a bar because they hit on your girlfriend, that’s disorderly conduct. Sharing your love of rap music with the entire neighborhood counts as disorderly conduct, too.
Other examples include:
- Fighting in public
- Making offensive gestures or using offensive language in a public place
- Displaying a firearm or announcing that you’re carrying a firearm in a public place with the intent to scare others
What Should You Do When Arrested for Disorderly Behavior?
If you’re arrested and facing charges for disorderly conduct, proceed carefully. Anything you say and do can (and likely will) be used against you.
Here’s what to do if you’re arrested for disorderly conduct in Colorado.
Keep Calm and Stay Silent
It’s easier said than done, but when a police officer arrests you for causing a public disturbance, try to stay calm. Cursing, screaming, struggling, or worst of all, brandishing a weapon, can land you in even more trouble.
Avoid mouthing off to the officer and follow all of their instructions. However, don’t provide more information than is necessary. It’s okay to give your name and address, but don’t say much more than that.
Ask for a Lawyer
If you’re taken to the police station, you have the right to request an attorney. The law says one must be provided for you if you can’t afford to hire your own.
Gather Evidence for Your Disruptive Conduct Defense
With the right evidence, your criminal defense lawyer may be able to have the disorderly conduct charges lessened or dropped entirely. Evidence might include:
- Witness statements: Because disorderly conduct must, by definition, happen in a public place, there were probably at least a few witnesses when you were arrested. Testimony from these witnesses can paint your situation in a new light.
- Surveillance camera footage: Suppose there was a fight in the middle of the street, but you were just watching it unfold, not participating. Surveillance footage may prove that you weren’t involved.
- Lack of mental culpability: If you have a medical or mental condition that can influence your speech and behavior, your lawyer may be able to use this defense.
Penalties for Disorderly Conduct in Colorado
Wondering what penalties you might face if convicted of disorderly conduct? That depends on the severity of your charges.
Under C.R.S. 18-9-106, unreasonable noise, offensive utterances or gestures, and fighting in public are petty offenses. For offenses committed on or after March 1, 2022, a petty offense is punishable by fines of up to $300 and up to 10 days in jail (C.R.S. 18-1.3-503). Offensive utterances or unreasonable noise made with the intent to disrupt a funeral, or to cause severe emotional distress to people attending one, are a Class 2 misdemeanor.
Displaying a real or simulated firearm, or claiming to be armed, in a way that alarms others is a Class 2 misdemeanor, punishable by fines of up to $750 and up to 120 days in jail (C.R.S. 18-1.3-501).
Firing a gun in a public place (other than by a peace officer, or in lawful target practice or hunting) is a Class 1 misdemeanor. If convicted, you face fines of up to $1,000 and up to 364 days in jail.
We Will Help You Fight Disorderly Conduct Charges
If you’re facing charges for disorderly conduct in Colorado, let Grant & Associates Law Firm serve as your trustworthy ally. Our team understands what you’re going through and will fight aggressively to protect your rights. To schedule a consultation, call (970) 356-5666 or contact us online now.
