Disorderly Conduct in Tempe: What Happens? ARS 13-2904

What Happens If You Get a Disorderly Conduct Charge in Tempe?

That is the short version. Tempe produces more disorderly conduct citations per square mile than almost anywhere in Arizona because of where its nightlife and its students are: the Mill Avenue bar district, the neighborhoods around Arizona State University, game-day tailgates, and house parties that draw a noise call. Most of those cases are misdemeanors written on a citation rather than an arrest, and most first-time defendants are students who have never been in a courtroom. Below: what the statute actually prohibits, the four situations that generate Tempe cases, the penalties, the ASU consequences that run alongside the court case, and how these charges are beaten or kept off a record.

What Counts as Disorderly Conduct Under A.R.S. 13-2904?

A.R.S. § 13-2904 requires the State to prove two things: that you acted with intent to disturb the peace or quiet of a neighborhood, family, or person, or knowing that you were doing so, and that you did one of six listed things:

• engaged in fighting, violent, or seriously disruptive behavior (A)(1);
• made unreasonable noise (A)(2);
• used abusive or offensive language or gestures likely to provoke immediate physical retaliation (A)(3);
• made a protracted commotion to disrupt a lawful meeting or gathering (A)(4);
• refused a lawful order to disperse near a fire, hazard, or emergency (A)(5);
• recklessly handled, displayed, or discharged a deadly weapon or dangerous instrument (A)(6).

Paragraphs 1 through 5 are Class 1 misdemeanors; paragraph 6, the weapon version, is a Class 6 felony (§ 13-2904(B)). The mental-state element is the part officers rarely document and the part that decides most cases: being loud is not a crime unless you intended to disturb someone or knew you were.

Where Do Tempe Disorderly Conduct Charges Come From?

• Mill Avenue at closing time. A shouting match outside a bar, a shove in a line, or an argument with a bouncer becomes an (A)(1) or (A)(3) citation from Tempe police working the district. If contact was made it is charged as assault under § 13-1203 as well;
• House parties and the noise call. Tempe police respond to a neighbor complaint; the person who answers the door, or who argues, gets the “unreasonable noise” citation under (A)(2), often with minor in possession counts under § 4-244(9) for the guests;
• Game days and tailgates. Football Saturdays produce the fighting and disruptive-behavior citations in and around the stadium lots, frequently alongside liquor counts;
• Roommate and relationship arguments. When the “person” disturbed is a roommate, partner, or family member, the same disorderly conduct charge carries a domestic violence designation under § 13-3601(A), which lists § 13-2904(A)(1), (2), (3) and (6). That changes everything: mandatory treatment, a no-contact order, firearm consequences, and a record that counts toward aggravated DV. See domestic violence in Tempe.

What Are the Penalties for Disorderly Conduct in Tempe?

A Class 1 misdemeanor carries up to 6 months in jail, a fine up to $2,500 plus surcharges, and up to 3 years of probation under § 13-707, § 13-802 and § 13-902. In practice, a first-offense Tempe case with no injury and no DV designation almost never produces jail; the realistic outcomes are a diversion program, a deferred plea that ends in dismissal, a fine, or a plea to a lesser count. The weapon version under (A)(6) is a Class 6 felony filed in Superior Court, with a range of probation to 2 years and the possibility of an undesignated disposition. Our statewide guides cover the penalties in detail and how disorderly conduct charges get dismissed.

What Happens at ASU If You Are Cited in Tempe?

For a student, the court case is often the smaller problem. ASU’s student conduct process is separate from Tempe Municipal Court, can apply to off-campus conduct, and does not wait for the criminal case to finish. A disorderly conduct citation, particularly one paired with alcohol or a fight, can trigger a Dean of Students referral, conduct sanctions, and housing consequences, and a conviction can affect scholarships, study-abroad eligibility, and later professional-school applications. The two proceedings should be handled together: what you say in a university conduct meeting can be used in the criminal case, and a criminal disposition that avoids a conviction is the best evidence in the university process. See how a misdemeanor affects hiring.

Which Court Handles a Tempe Disorderly Conduct Case?

Misdemeanor disorderly conduct within city limits is prosecuted by the Tempe City Prosecutor in Tempe Municipal Court (480-350-8271, weekdays 8:00 to 5:00). The citation lists an arraignment date; missing it produces a warrant. After arraignment comes a pretrial conference where the prosecutor’s offer is made, and that is where diversion and dismissal outcomes are negotiated. A DV-designated case adds release conditions and a treatment requirement on conviction. The Class 6 felony weapon version and any felony aggravated assault filed from the same incident go to Maricopa County Superior Court.

How Is a Tempe Disorderly Conduct Charge Defended?

• Intent. The State must prove you intended to disturb someone or knew you were. A loud party the host tried to quiet, a reaction to being grabbed, or a single outburst does not prove that mental state;
• “Unreasonable” noise. Noise on Mill Avenue at midnight is measured against Mill Avenue at midnight, not a residential street at 2 a.m.;
• Fighting words. The (A)(3) prong requires language likely to provoke immediate physical retaliation from the person present; profanity aimed at police officers, who are trained not to retaliate, is a recurring failure point for the State;
• Self-defense. Justified force under § 13-404 is not “fighting”;
• Video. Tempe police body cameras and Mill Avenue business cameras usually show a shorter, quieter event than the citation narrative;
• The DV designation can be contested where the relationship element is missing, and a plea to a non-DV offense stops the aggravated-DV count;
• Diversion and record protection, then a set-aside or sealing under § 13-905 and § 13-911 when eligible; see clearing an Arizona record.

For the full list, see the top defenses to disorderly conduct in Arizona. For the charge itself, see what disorderly conduct means under Arizona law and our Tempe disorderly conduct defense page.

How Tamou Law Group Defends Tempe Disorderly Conduct Cases

We start with the citation’s mental-state allegation and the video, because most Tempe cases cannot prove intent once the footage is watched, and we check the DV designation before anything else is decided. For students we coordinate the ASU conduct process with the criminal case so that a first offense ends without a conviction on either record. Tempe Municipal Court cases are handled by the same team that handles our Scottsdale City Court and Phoenix dockets.

Related guides: fake IDs in Tempe, Tempe DUI defense, resisting arrest in Arizona, and our Tempe criminal defense page. Call 623-321-4699, 24/7.