An individual can commit an act constituting disorderly conduct in a wide variety of ways – making an unreasonable noise, using profanity, fighting, or even by discharging a firearm. Disorderly conduct is either a class 2 or 3 misdemeanor, or a class 1 petty offense, depending on the circumstances of the alleged criminal conduct.
Disorderly conduct is a class 1 petty offense when an individual makes an obviously offense utterance or gesture in a public place and that gesture tends to incite an immediate breach of the peace, or if a person makes an unreasonable noise in a public place or near a private residence. If either of those acts is done with intent to disrupt a funeral, or to cause emotional distress to someone attending a funeral, then it is still disorderly conduct, but it becomes a class 2 misdemeanor. If a person fights with another person in a public place, and it’s not for the purpose of a contest of professional skill (for example, boxing), it is a class 3 misdemeanor. Finally, if a person who is not a peace officer discharges his firearm in public, or displays a deadly weapon or says that he is armed with a deadly weapon, that also is disorderly conduct and would be a class 2 misdemeanor.
Denver criminal defense attorney Kimberly Diego has experience defending charges of disorderly conduct, and is available 24/7 for a free initial consultation to discuss your case.