Offenses Against Public Order
Offenses against public order cover a myriad of offenses such as riot, disorderly conduct, false reporting to law enforcement agencies, cruelty to animals and harassment. The loitering statute describes different methods of committing loitering. The penalty range for offenses against public order varies depending on the specific charge from a felony to misdemeanor violations.
What is Riot in Arizona A.R.S. 13-2903?
Riot occurs in Arizona when two or more other persons acting together, such person recklessly uses force or violence or threatens to use force or violence, if such threat is accompanied by the immediate power to carry out such threat, which disturbs the public peace.
Riot is a class 5 felony.
An experienced criminal defense attorney knows that the significant element the prosecutor must prove is that the person had the immediate power to carry out his threat. Without proof beyond a reasonable doubt the results are a not guilty.
What is Disorderly Conduct in Arizona A.R.S. 13-2904?
Disorderly conduct in Arizona is to disturb the peace or quiet of a neighborhood, family or person, by engaging in fighting, violent or seriously disruptive behavior, which is a class one misdemeanor, or makes unreasonable noise, a class two misdemeanor or uses abusive or offensive language or gestures to any person present in a manner likely to provoke immediate physical retaliation by such person. This is a class three misdemeanor. A person who recklessly handles, displays or discharges a deadly weapon or dangerous instrument commits a class six felony.
A necessary element of this offense is that a person intends or knows that he is engaging in such conduct. The help of an aggressive and experienced criminal defense lawyer will be helpful in this situation.
What is Loitering in Arizona A.R.S. 13-2905?
A person in Arizona is loitering if that person intentionally is present in a public place and in an offensive manner or in a manner likely to disturb the public peace solicits another person to engage in any sexual offense.
A second form of loitering is if a person is present in a transportation facility and after a reasonable request to cease or unless specifically authorized to do so solicits or engages in any business, trade or commercial transactions involving the sale of merchandise or services; is present in a public place to beg, unless specifically authorized by law.
A third form of loitering is when a person is present in a public place, unless specifically authorized by law, to gamble with any cards, dice or other similar gambling devices.
A fourth form of loitering occurs when a person is present in or about a school, college or university building or grounds after a reasonable request to leave and either does not have any reason or relationship involving custody of or responsibility for a pupil or student or any other specific legitimate reason for being there or does not have written permission to be there from anyone authorized to grant permission.
One has often see an individual standing around in a public place without any intent to disturb the peace. This would not be loitering since it would not be in an offensive manner.
A knowledgeable criminal defense lawyer is necessary to protect one’s rights under the constitution should one be charged with this crime.
What is False Reporting to law Enforcement Agencies in Arizona A.R.S. 13-2907.01?
In Arizona, it is unlawful for a person to knowingly make to a law enforcement agency of either this state or a political subdivision of this state a false, fraudulent or unfounded report or statement or to knowingly misrepresent a fact for the purpose of interfering with the orderly operation of a law enforcement agency or misleading a peace officer.
As any experienced criminal defense attorney knows that false information to law enforcement agencies is often used by law enforcement officers to force cooperation by individuals suspected of having information or involvement in crime.
What is Cruelty to Animals; Interference with Working or Service Animal in Arizona A.R.S. 13-2910?
A person in Arizona commits cruelty to animals if the person;
intentionally, knowingly or recklessly subjects any animal under the person’s custody or control to cruel neglect or abandonment;
intentionally, knowingly or recklessly fails to provide medical attention necessary to prevent protracted suffering to any animal under the person’s custody or control;
intentionally, knowingly or recklessly inflicts unnecessary physical injury to any animal; recklessly subjects any animal to cruel mistreatment;
intentionally, knowingly or recklessly kills any animal under the custody or control of another person without either legal privilege or consent of the owner; recklessly interferes with, kills or harms a working or service animal without either legal privilege or consent of the owner;
intentionally, knowingly or recklessly leaves an animal unattended and confined in a motor vehicle and physical injury to or death of the animal is likely to result;
intentionally or knowingly subjects any animal under the person’s custody or control to cruel neglect or abandonment that results in serious physical injury to the animal;
intentionally or knowingly subjects any animal to cruel mistreatment;
intentionally or knowingly interferes with, kills or harms a working or service animal without either legal privilege or consent of the owner;
intentionally or knowingly allows any dog that is under the person’s custody or control to interfere with, kill or cause physical injury to a service animal;
recklessly allows any dog that is under the person’s custody or control to interfere with, kill or cause physical injury to a service animal, or
intentionally or knowingly obtains or exerts unauthorized control over a service animal with the intent to deprive the service animal handler of the service animal.
If you or someone you know is charged with this crime, immediately contact a criminal defense attorney.
It is a criminal defense if any person exposes poison to be taken by a dog that has killed or wounded livestock or poison to be taken by predatory animals on premises owned, leased or controlled by the person for the purpose of protecting the person or the person’s livestock or poultry, and the treated property is kept posted by the person who authorized or performed the treatment until the poison has been removed, and the poison is removed by the person exposing the poison after the threat to the person, or the person’s livestock or poultry has ceased to exist.
The posting required shall provide adequate warning to persons who enter the property by the point or points of normal entry. The warning notice that is posted shall be readable at a distance of fifty feet, shall contain a poison statement and symbol and shall state the word “danger” or “warning”.
This law does not prohibit or restrict the taking of wildlife or other activities permitted or, activities regulated by the Arizona game and fish department or the Arizona department of agriculture.
What is Harassment in Arizona A.R.S. 13-2921?
A person commits harassment if, with intent to harass or with knowledge that the person is harassing another person, the person anonymously or otherwise contacts, communicates or causes a communication with another person by verbal, electronic, mechanical, telegraphic, telephonic or written means in a manner that harasses;
continues to follow another person in or about a public place for no legitimate purpose after being asked to desist;
repeatedly commits an act or acts that harass another person;
watches or causes another person to surveil a person for no legitimate purpose;
on more than one occasion makes a false report to a law enforcement, credit or social service agency;
interferes with the delivery of any public or regulated utility to any person.
A person commits harassment against a public officer or employee if the person, with intent to harass, files a nonconsensual lien against any public officer or employee that is not accompanied by an order or a judgment from a court of competent jurisdiction authorizing the filing of the lien or is not issued by a governmental entity or political subdivision or agency pursuant to its statutory authority, a validly licensed utility or water delivery company, a mechanics’ lien claimant or an entity created under covenants, conditions, restrictions or declarations affecting real property. This law does not apply to a lawful demonstration, assembly or picketing.
For the purposes of this section, “harassment” means conduct that is directed at a specific person and that would cause a reasonable person to be seriously alarmed, annoyed or harassed and the conduct in fact seriously alarms, annoys or harasses the person.
Criminal defense attorneys are often called upon to represent a person accused of this crime in the context of domestic violence. Repeated acts resulting in convictions may elevate this crime from a misdemeanor to a felony.
What is Stalking in Arizona A.R.S. 13-2923?
In Arizona, person commits stalking if the person intentionally or knowingly engages in a course of conduct that is directed toward another person and if that conduct would cause a reasonable person to fear for the person’s safety or the safety of that person’s immediate family member and that person in fact fears for their safety or the safety of that person’s immediate family member. If the conduct would cause a reasonable person to fear death of that person or that person’s immediate family member and that person in fact fears death of that person or that person’s immediate family member.
For the purposes of this section: “Course of conduct” means maintaining visual or physical proximity to a specific person or directing verbal, written or other threats, whether express or implied, to a specific person on two or more occasions over a period of time, however short, but does not include constitutionally protected activity. “Immediate family member” means a spouse, parent, child or sibling or any other person who regularly resides in a person’s household or resided in a person’s household within the past six months.
This is an offense that may times results in the context of domestic violence. Immediately contact a criminal defense attorney to protect the rights of the accused.