Disorderly Conduct is a crime charged in Fort Collins and Larimer County for various actions that disturb the peace or safety of the public. Found under C.R.S. 18-9-106, a person can be arrested for or given a summons for Disorderly Conduct if they intentionally, knowingly, or recklessly:
(b) (Deleted by amendment, L. 2000, p. 708, § 39, effective July 1, 2000.)
(c) Makes unreasonable noise in a public place or near a private residence that he has no right to occupy; or
(d) Fights with another in a public place except in an amateur or professional contest of athletic skill; or
(e) Not being a peace officer, discharges a firearm in a public place except when engaged in lawful target practice or hunting or the ritual discharge of blank ammunition cartridges as an attendee at a funeral for a deceased person who was a veteran of the armed forces of the United States; or
(f) Not being a peace officer, displays a real or simulated firearm, displays any article used or fashioned in a manner to cause a person to reasonably believe that the article is a firearm, or represents verbally or otherwise that he or she is armed with a firearm in a public place in a manner calculated to alarm and does alarm another person.
Let’s answer the top 4 frequently asked questions related to Disorderly Conduct charges in Colorado
#1 What is the Penalty for Disorderly Conduct in Colorado?
Disorderly Conduct can be charged as a petty offense, class 2 misdemeanor, or class 1 misdemeanor depending on which subsection the person is charged under. Looking at the list above, here is how each subsection is charged:
- Subsection (a) is a petty offense;
- Subsection (c) is a petty offense;
- Subsection (d) is a petty offense;
- Subsection (e) is a class 1 misdemeanor;
- Subsection (f) is a class 2 misdemeanor.
The penalty for Disorderly Conduct depends on if you get charged with the petty offense, class 2 misdemeanor, or class 1 misdemeanor. A petty offense Disorderly Conduct charge is punishable by up to 10 days in the Larimer County Jail and up to $300 in fines. For the class 2 misdemeanor Disorderly Conduct charge, the punishment is up to 120 days in county jail and up to $750 in fines. The sentence for Class 1 misdemeanor Disorderly Conduct is up to 364 days in the Larimer County Jail and $1,000 in fines.
#2 Is Disorderly Conduct a Felony in Larimer County, Colorado?
No, fortunately, Disorderly Conduct is not a felony charge in Larimer County, Colorado. The highest level this crime is charged is a class 1 misdemeanor.
#3 What is Petty Offense Disorderly Conduct in Loveland and Estes Park?
Petty offense Disorderly Conduct is a common charge in Fort Collins, Loveland and Estes Park. It is charged when someone is accused of:
- making an offensive gesture or comment in public that could disrupt the peace,
- making loud noise near a private residence, or
- fights with someone in a public place.
It is important to note, though, that the offensive gesture violation and loud noise violation can be charged as a class 2 misdemeanor if it is intended to disrupt a funeral.
#4 In Colorado, what is the Most Common Punishment for Disorderly Conduct?
Most commonly, we see the Disorderly Conduct charged as a petty offense in Colorado. There are three subsections for Disorderly Conduct that are charged as a petty offense, and those actions are the most commonly reported. People love to call the police to report someone being loud or yelling at them.
If you or someone you love has been charged with Disorderly Conduct, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O’Malley Law Office at 970-658-0007 to schedule a free initial consultation. We also practice in Greeley and Weld County. Click HERE to visit our Weld County website. Together, we can protect your future.
Photo by Liza Summer