Disorderly Conduct can be charged in Fort Collins and Loveland for different actions, like making too much noise or fighting with another person in a public place. A Pueblo police officer recently pled to this charge, after initially being charged with felony Second Degree Assault. According to the report, the officer was initially charged with the felony after an alleged assault at a graduation party. After review, the case was changed from the felony assault to misdemeanor Third Degree Assault. Then, through negotiations, the officer ended up pleading to Disorderly Conduct, a petty offense, and was sentenced to six months of probation. However, two weeks later, his attorney filed a motion to terminate his probation and the judge approved.
Larimer County Disorderly Conduct Lawyer: Definition of Disorderly Conduct in Colorado
The Larimer County, Colorado law definition of Disorderly Conduct – C.R.S. 18-9-106 – is:
(a) Makes a coarse and obviously offensive utterance, gesture, or display in a public place and the utterance, gesture, or display tends to incite an immediate breach of the peace; or
(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 deadly weapon, displays any article used or fashioned in a manner to cause a person to reasonably believe that the article is a deadly weapon, or represents verbally or otherwise that he or she is armed with a deadly weapon in a public place in a manner calculated to alarm.
Based on the information in the article, the officer pled under subsection (c) – unreasonable noise. This is often a go-to for plea agreements because it is a non-contact offense.
Sentence for Disorderly Conduct in Loveland, Fort Collins, and Estes Park: Two Weeks of Probation?
In Fort Collins, Loveland, and Estes Park, Disorderly Conduct is a petty offense or misdemeanor depending on the subsection under which the person pleads. It is charged as follows:
- An offense under paragraph (a) or (c) of subsection (1) of this section is a class 1 petty offense; except that, if the offense is committed with intent to disrupt, impair, or interfere with a funeral, or with intent to cause severe emotional distress to a person attending a funeral, it is a class 2 misdemeanor.
- An offense under paragraph (d) of subsection (1) of this section is a class 3 misdemeanor.
- An offense under paragraph (e) or (f) of subsection (1) of this section is a class 2 misdemeanor.
Obviously, probation is always a sentencing option, especially on low level misdemeanor cases, but two weeks seems to be a very short time for a probation sentence. Maybe there was some special treatment due to his status as a police officer?
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 your free initial consultation. Together, we can protect your future.
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