A.R.S. § 13-2904 — Disorderly Conduct

The six ways it is committed

• Engaging in fighting, violent, or seriously disruptive behavior
• Making unreasonable noise
• Using abusive or offensive language or gestures likely to provoke immediate physical retaliation
• Making a protracted commotion intended to prevent a lawful meeting or gathering
• Refusing to obey a lawful order to disperse near a fire, hazard, or emergency
• Recklessly handling, displaying, or discharging a deadly weapon or dangerous instrument

The statute requires intent to disturb the peace of a neighborhood, family, or person — or knowledge of doing so. That mental state is a genuine element, and “someone was upset” is not by itself proof of it.

Penalties

The first five variants are class 1 misdemeanors — up to six months in jail, up to $2,500 plus surcharges, probation up to three years. The weapon variant is a class 6 felony, and when charged as a dangerous offense it carries mandatory prison exposure. When the relationship test of A.R.S. § 13-3601 is met, disorderly conduct is designated domestic violence, with everything that tag brings.

Defenses and how these cases resolve

Disorderly conduct sits at the boundary of protected speech and ordinary argument, and both the conduct element and the intent element are contestable — especially in one-witness household cases. In practice the statute also plays a second role: it is a common reduction target from assault charges. Wherever it appears in your case, our criminal defense practice page explains how we approach it.