Disorderly conduct is a misdemeanor criminal charge under Utah law. But even a minor criminal conviction can have real consequences. Consultation with a good criminal defense attorney is always recommended.
Penalties for a Disorderly Conduct Conviction in Utah
Criminal charges for disorderly conduct in Utah are most commonly filed at the class C misdemeanor level. Although jail time is most often suspended, a conviction for a class C misdemeanor is punishable by a maximum of up to 90 days jail and a fine and surcharge totaling $1,425. Under the Utah criminal code, disorderly conduct can also be classified as an infraction under certain circumstances.
The best defense attorneys ask questions that police don’t.
Elements of a Disorderly Conduct Charge in Utah
The Utah criminal code creates several categories of behavior that can be charged as “disorderly conduct.” These can include refusing to comply with the lawful order of a police officer to move from a public place, or the knowing creation of a hazardous or “physically offensive condition.” A criminal charge of disorderly conduct can also be based on engaging in fighting or “violent, tumultuous, or threatening behavior,” making “unreasonable noises in a public place” or “unreasonable noises in a private place which can be heard in a public place,” or obstructing traffic, if the person engaging in that conduct has the intent “to cause public inconvenience, annoyance, or alarm.”
If a person has been asked to stop, and continues to engage in the disorderly conduct, the criminal charge can be filed at a class C misdemeanor level. If there has been no request to stop, the offense is technically an infraction. But in practice, it is very rare that police and prosecutors become engaged in prosecuting cases where the defendant was not first asked to stop. For this reason, most charges for disorderly conduct in Utah are filed as misdemeanors.
Utah Disorderly Conduct Charges – Plea Negotiations
Criminal charges for disorderly conduct in Utah are often accompanied by other related charges, such as public intoxication or assault. In such cases, it is sometimes possible to negotiate the dismissal of more serious charges in exchange for a plea to a lesser disorderly conduct charge.
A good attorney will talk with you about how your case can affect your job, education, family, and future.
In other cases, an assault or riot charge may be filed. But through negotiations, a prosecuting attorney may be convinced to amend the charge to the less serious disorderly conduct charge. In some cases, a prosecutor may even be convinced to amend the charge to an infraction level charge or to enter into a plea in abeyance agreement.
