Disorderly Conduct is charged in Fort Collins and Larimer County for many different actions, one including using offensive language or offensive action in public. A man recently pled to this crime after he expressed his dislike for a comedian in an inappropriate way. According to the report, a female comedian was performing onstage when she began to talk politics. Apparently, the man was not in an ‘agree to disagree’ kind of mood. Instead of just leaving the show, he was seen throwing a beer can at the comedian. Witnesses claim it barely missed hitting her in the head. The comedian, acting fast, picked up the beer and began to drink it, seemingly deescalating the situation while the man who threw the beer ran out the door. Those he was with had no problem identifying him and he ended up pleading to Disorderly Conduct and paying a fine. He was also permanently banned from the club.
Disorderly Conduct Charges in Larimer County: 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 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.
While this did not occur in Colorado, if it had, I could see the man pleading under subsection (a). The article doesn’t mention if the plea deal was to a lesser charge, but I would imagine that had this occurred in Fort Collins, Loveland, or Estes Park, that Attempted Third Degree Assault and / or Harassment might have been charged as well.
Sentence for Throwing a Beer – Disorderly Conduct in Loveland and Estes Park
In Fort Collins, Loveland and Estes Park, Disorderly Conduct is charged as follows:
- For a charge under subsection (a) or (c) – petty offense
- Unless committed with the intent to disrupt a funeral, then it is a class 2 misdemeanor
- For a charge under subsection (d) – petty offense
- For a charge under subsection (f) – class 2 misdemeanor
- For a charge under subsection (e) – class 1 misdemeanor
This means a likely petty offense conviction for the beer thrower, which in Colorado is punishable by up to 10 days in the Larimer County Jail and up to $1,000 in fines.
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 Greeley site. Together, we can protect your future.
Photo by Bekka Mongeau