Tempe Disorderly Conduct Defenses

If you've been charged with disorderly conduct in Tempe, you may feel overwhelmed and unsure of what to do next. Indeed, there is a lot on the line when you’re facing any criminal charge. However, at the Law Office of James E. Novak, we understand the stress and confusion that comes along with these charges. Our goal is to help you effectively navigate the legal system and build a strong defense to protect your rights and your future. Read on to learn more about a few of the best Tempe disorderly conduct defenses.

One of the primary elements of a disorderly conduct charge is intent. The prosecution must prove that you intentionally or knowingly engaged in disruptive behavior. If you did not intend to cause a disturbance or your actions were accidental, this defense could be effective. For example, if a loud noise you made was unintentional or if your behavior was misinterpreted, your Tempe disorderly conduct lawyer can argue that you did not have the required intent to commit disorderly conduct.

The First Amendment of the U.S. Constitution protects your right to free speech and assembly. If your disorderly conduct charge stems from activities such as protesting or expressing your opinion, you may have a strong defense based on your constitutional rights. This is because constitutionally protected activity can never be considered illegal. Of course, it's important to demonstrate that your actions were a lawful exercise of your rights and not meant to incite violence or cause a disturbance.

In some cases, disorderly conduct charges arise from situations where you were defending yourself from harm. If you were involved in an altercation and acted in self-defense, this can be a valid defense. You will need to show that you reasonably believed you were in imminent danger and that your response was necessary to protect yourself. The Law Office of James E. Novak can help you gather evidence and witness testimony to support your claim of self-defense.

Mistaken identity is another possible defense in disorderly conduct cases. If you were wrongly identified as the person causing the disturbance, it’s crucial to provide evidence that you were not involved. This might include alibi witnesses, video footage, or other forms of proof showing that you were elsewhere when the incident occurred. Our Tempe disorderly conduct lawyer will thoroughly investigate the circumstances to ensure the true facts come to light.

To obtain a conviction, the prosecution must present clear and convincing evidence that you committed disorderly conduct. If the evidence against you is weak, inconsistent, or based solely on unreliable witness testimony, you can challenge the sufficiency of the evidence. Attorney Novak will scrutinize the prosecution’s case against you, question the credibility of witnesses, and highlight any gaps or inconsistencies that cast doubt on your guilt.

Sometimes, behavior that is perfectly lawful can be misconstrued as disorderly conduct. For instance, if you were engaged in a loud but lawful activity, such as celebrating a personal achievement, this could be used as a defense. It is essential to differentiate between actions that are legally permissible and those that truly constitute disorderly conduct. Our legal team will work to demonstrate that your actions were within the bounds of the law.

At the Law Office of James E. Novak, we are dedicated to providing you with a solid defense against the disorderly conduct charges you’re facing. Attorney Novak has extensive experience in criminal defense, and we understand the nuances of Arizona law. We will work tirelessly to protect your rights, whether it's through negotiating a dismissal or reduction of charges, or vigorously defending you in court. If you or a loved one is facing disorderly conduct charges in Tempe, don’t hesitate to reach out for a consultation. To learn more, and to schedule your free consultation today, call 480-413-1499. You can also connect with us through our secure online contact form.