Fort Collins Disorderly Conduct Attorney | Teenagers Arrested at Aurora Mall Brawl

5 teenagers were arrested and charged with Obstructing a Police Officer and Disorderly Conduct after participating in a mall brawl the day after Christmas.
5 teenagers were arrested and charged with Obstructing a Police Officer and Disorderly Conduct after participating in a mall brawl the day after Christmas.
Image Source: Pixabay-Archbob

The day after Christmas is a great day to go shopping. Many people have gift certificates and Christmas money that is already burning a hole in their pockets and the sales are incredible! That is, as long as you don’t choose a mall where hundreds of teenagers are planning a brawl, like in Aurora this past week. According to the new report, some social media postings put police on alert that something might be going down at the mall. Then, when an off-duty police officer acting as mall security saw punches being thrown, reinforcements were called in. As police were attempting to get control of the situation, crowds of teenagers started to encroach and the police decided to evacuate the mall for the safety of everyone. Five teenagers were arrested that day, with charges ranging from Disorderly Conduct to Obstructing a Police Officer. That’s probably not how anyone at the mall that day imagined their day after Christmas shopping trip would end.

Larimer County Disorderly Conduct Lawyer: What is the Definition of Disorderly Conduct?

The Colorado law definition of Disorderly Conduct – C.R.S. 18-9-106 – is:

A person commits disorderly conduct if he or she intentionally, knowingly, or recklessly:

(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

(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.

It seems that Disorderly Conduct was charged for a couple of different reasons in the case above. Obviously, those who were involved in the fight were charged under part (d), fighting in public. Also, some of the teens who were arrested began screaming obscenities at the police officers, which would fall under part (a) of the statute above. Even though these parts both fall under the same statute, they are not charged the same. A Disorderly Conduct offense under part (a) is a class 1 petty offense, which is punishable by up to 6 months in the Larimer, Boulder, or Grand County Jail and up to $500 in fines. An offense under part (d), however, is a class 3 misdemeanor, which is slightly harsher than a petty offense and is punishable by up to 6 months in the Larimer County Jail and up to $750 in fines.

Fort Collins Obstructing a Peace Officer Lawyer: What is the Definition of Obstructing a Police Officer?

The Colorado law definition of Obstructing a Peace Officer, Firefighter, Emergency Medical Services Provider, Rescue Specialist, or Volunteer – C.R.S. 18-8-104 – is:

(a) A person commits obstructing a peace officer, firefighter, emergency medical services provider, rescue specialist, or volunteer when, by using or threatening to use violence, force, physical interference, or an obstacle, such person knowingly obstructs, impairs, or hinders the enforcement of the penal law or the preservation of the peace by a peace officer, acting under color of his or her official authority; knowingly obstructs, impairs, or hinders the prevention, control, or abatement of fire by a firefighter, acting under color of his or her official authority; knowingly obstructs, impairs, or hinders the administration of medical treatment or emergency assistance by an emergency medical service provider or rescue specialist, acting under color of his or her official authority; or knowingly obstructs, impairs, or hinders the administration of emergency care or emergency assistance by a volunteer, acting in good faith to render such care or assistance without compensation at the place of an emergency or accident.

(b) To assure that animals used in law enforcement or fire prevention activities are protected from harm, a person commits obstructing a peace officer or firefighter when, by using or threatening to use violence, force, physical interference, or an obstacle, he or she knowingly obstructs, impairs, or hinders any such animal.

Because some of the arrestees became physical with the officers, they were charged with Obstruction of a Peace Officer. As a class 2 misdemeanor in Fort Collins, Loveland, and Estes Park, Obstructing a Police Officer is punishable by 2 to 12 months in the Boulder County Jail and up to $1,000 in fines.

If you or someone you love has been charged with Disorderly Conduct or Obstructing a Peace Officer, be smart, exercise your right to remain silent, and contact the best Fort Collins criminal defense attorneys from the O’Malley Law Office at 970-658-0007 today. Together, we can protect your future.