Prosecutors are sometimes reluctant to let go of a case (dismiss a case entirely) even when it becomes apparent that there are evidentiary or legal problems with the case. A good criminal defense attorney can facilitate resolution of such cases by offering minor concessions that allow a prosecutor to walk away from the case with head held high, but that does not create any significant consequences for the client.
Keep in mind that any criminal case should be taken seriously. Whether the case felony or misdemeanor charges, a creative defense attorney can be the key to a successful outcome.
We provide legal services to clients statewide in Utah’s district courts and justice courts. If you are facing charges, contact us directly to schedule an initial consultation and see how our team can help you.
Disorderly Conduct as a Criminal Defense Tool
Section 76-9-102 establishes the elements and penalties for the crime of disorderly conduct. There are several variations of this charge that can provide a useful defense tool when working toward a negotiated resolution.
Elements & Variations
Not every disorderly conduct charge is created equal. One variation involves “fighting or …, violent [or] threatening behavior.” Another involves making “unreasonable noises” during an official government meeting. Another form can be based on conduct that “obstructs pedestrian traffic in a public place.”
Perhaps the most useful version of disorderly conduct is found in subsection (2)(b)(iii), which prohibits “recklessly creating a risk of public… annoyance… [by] making unreasonable noises….” In plain language, the charge makes it a crime to be just a bit too loud.
Negotiating to Replace More Serious Criminal Charges
Several other criminal charges on the books in Utah will almost always involve some level of disorderly conduct. Public intoxication and assault are two examples of offenses that often involve “loud” and “annoying” behavior.
Whereas a client may be innocent on a charge of assault, the same client may be willing to acknowledge that he made “unreasonable noises” that could be heard in a “public place.”
Perhaps the client was acting in self-defense. Maybe the client was trying to deescalate a fight. But even when a client is factually innocent, there are still potential risks in taking a case all the way to jury trial.
Minimal Penalties in Disorderly Conduct Cases
Using disorderly conduct as a negotiations tool can substantially reduce the potential penalties and legal liability that a client may face.
A plea in abeyance agreement can sometimes be incorporated into a disorderly conduct case resolution. Even if the plea is entered as a conviction, the charge is, by default, an infraction if the client was not previously “asked to cease conduct” constituting disorderly conduct.
An infraction is the same level as most parking tickets. It does not carry any potential jail sentence. It can be punished only by a fine.
The Best Attorneys Help Clients Reach Their Goals
The best criminal defense attorneys are willing to look outside the box to find solutions that help clients meet their goals. Disorderly conduct can be a useful tool in protecting a client’s rights.