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Breckenridge Disorderly Conduct Defense Lawyers

Charged With Disorderly Conduct in Breckenridge, Colorado

In Colorado, certain acts are deemed as offenses against “public peace, order and decency,” and embodied by the Colorado Revised Statute Criminal Code. One category of offenses against the public peace, order and decency is “disorderly conduct.” Disorderly conduct charges involve a range of behaviors that occur within the public domain.

A number of ways to defend a disorderly conduct charge are available, and a skilled Breckenridge defense attorney can be the difference between a conviction or your change being dismissed. If you have been charged with disorderly conduct in Breckenridge or the surrounding area, call Whitaker & Penix, LLC today at (970) 368-0602 so we can begin defending you.

What Is Disorderly Conduct?

Colorado Revised Statutes, 18-9-106 outlines the circumstances where a person can be charged for disorderly conduct. A disorderly conduct charge can apply whenever a person behaves in any of the ways listed in the statute, regardless of whether this was done intentionally, knowingly, or recklessly.

Behavior that is considered disorderly in the statute includes making a “coarse or obviously offensive” utterance, gesture or display that incites a breach of the peace; making “unreasonable noise” in public places or on a private residence the perpetrator has no right to occupy; nonprofessional fighting in a public place; and certain discharges or displays of firearms by persons other than peace officers.

Penalties for Disorderly Conduct

The penalties for disorderly conduct depend on which specific activity the perpetrator is accused of. Making coarse or offensive utterances or displays, making unreasonable noise, and public nonprofessional fighting are generally petty offenses, carrying potential sentences of up to 10 days imprisonment and/or fines of up to $300.

Discharging a firearm in public (aside from peace officers, lawful target practice, hunting, or rituals at funerals) is a Class 1 misdemeanor, punishable by up to 120 days in jail and/or fines of up to $750.

Displaying a real or fake firearm, or reasonably causing another to believe you have a firearm in public (other than for peace officers) is a Class 2 misdemeanor, carrying potential jail time of three months to one year and/or fines of up to $300.

Potential Defenses

The potential defenses available to a person charged with disorderly conduct depend largely on the circumstances of the alleged offense. Many disorderly conduct charges occur during riots or protests, where the accused may be able to argue they were exercising their first amendment right to freedom of speech.

For disorderly conduct involving public fighting or the discharge of a firearm, it may be possible to argue self-defense, provided the person was acting in response to a threat.

If a person is charged with “offensive” gestures or conduct, it may be possible to argue that no reasonable person would find that conduct offensive. Similarly, if facing an unreasonable noise charge, it may be arguable the noise was not “unreasonable.”

How a Summit County Defense Lawyer at Whitaker & Penix, LLC Can Help

Summit County disorderly conduct charges can attract substantial penalties as well as negatively affecting your reputation. In many instances, whether the conduct was disorderly or not comes down to the meaning of words such as “reasonable” or “offensive.” A skilled disorderly conduct lawyer knows how to argue why their client’s behavior or actions do not constitute the required threshold to be disorderly conduct.

At Whitaker & Penix, LLC, our Summit County criminal defense attorneys have years of courtroom experience, fighting for our clients’ rights and obtaining favorable outcomes. As former prosecutors, our lawyers also know the tactics and methods used by the prosecution and therefore know how to counter these.

If you are facing a disorderly conduct charge in Breckenridge, Colorado, contact us today for outstanding legal representation at (970) 368-0602.

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