Assault and Disorderly Conduct ARS 13-2904 (Scottsdale) -Dismissed at Trial- 1/30/17

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This was a great Disorderly Conduct case in Scottsdale. The alleged victim called the police because she was disturbed by my client when she accused him of arguing with his friends in the roadway. We were actually offered a very favorable plea to diversion. With this plea, if my client finished an 8 hour class, his case would be dismissed. The issue was that entering a diversion plea was exactly like being found guilty in the eyes of immigration. We could not accept the offer. We eventually learned that this woman was addicted to pain pills and moved numerous times. It was a tactical adhesion to set this case to trial thinking the witness would not she. She did not appear and the case was dismissed. My client can now become a US citizen.

If you have been arrested and charged with disorderly conduct in Scottsdale give me a call at 480-729-1683. Disorderly conduct is a catch-all charge. It is very easy for the state to prove the case. We must have a good argument. ARS 13-2904 states:

A. A person commits disorderly conduct if, with intent to disturb the peace or quiet of a neighborhood, family or person, or with knowledge of doing so, such person:

1. Engages in fighting, violent or seriously disruptive behavior; or

2. Makes unreasonable noise; or

3. Uses abusive or offensive language or gestures to any person present in a manner likely to provoke immediate physical retaliation by such person; or

4. Makes any protracted commotion, utterance or display with the intent to prevent the transaction of the business of a lawful meeting, gathering or procession; or

5. Refuses to obey a lawful order to disperse issued to maintain public safety in dangerous proximity to a fire, a hazard or any other emergency; or

6. Recklessly handles, displays or discharges a deadly weapon or dangerous instrument.
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