(a) he refuses to comply with the lawful order of the police to move from a public place, or knowingly creates a hazardous or physically offensive condition, by any act which serves no legitimate purpose; or

(b) intending to cause public inconvenience, annoyance, or alarm, or recklessly creating a risk thereof, he:

(i) engages in fighting or violent, tumultuous, or threatening behavior;

(ii) makes unreasonable noises in a public place;

(iii) makes unreasonable noises in a private place which can be heard in a public place; or

(iv) obstructs vehicular or pedestrian traffic.” (see Utah Code, 76-9-102)

When it comes right down to it, the police can arrest someone for merely being an annoyance, even though they may not be guilty of the offense of disorderly conduct. The police may have violated the rights of many who have been arrested for disorderly conduct in this type of situation, especially the First Amendment right of Free Speech. The deciding factor in the arrest of this nature is just the police officer’s attitude and perception because applying the law in this instance is hugely subjective. It is quite probable you did not deserve to be arrested for what was happening, but the officer’s perception of the events was enough for him to book you, regardless of what you had to say about the issue.

Disorderly conduct charges are categorized as a Class C misdemeanor, which means they are a crime. A charge for disorderly conduct will go on your record – and it will be available for the public to access, not to mention any future employers or landlords, etc., who may have the need to examine your record. Class C misdemeanors are the lowest of the misdemeanor category, but that doesn’t mean a conviction is easy to bear. Class C misdemeanors have a jail sentence of up to 90-days and a fine of $750 attached to them, and no one wants to go to jail for playing the music on their stereo just a few decibels too loud.

If you are facing charges of disorderly conduct, call us at the Ault Firm today. We know how to fight for your rights, and we have years of experience in dealing with the criminal justice systems in Utah. We can help you defend yourself and your record – so call us today to schedule your consultation.

(See our webpage for more information on disorderly conduct.)