According to the news, a sheriff's deputy was accused of saying profanities towards another officer. Apparently, the sheriff's deputy and his wife walked into a store where the other officer was on duty near closing time. The sheriff's deputy knew the other officer, and began saying profanities to him multiple times. The officer reported the sheriff deputy smelled of alcohol when he approached the officer. The officer ignored the comments made, but the sheriff's deputy and his wife continued to yell at and harass the officer. Before finally leaving the store, the sheriff's deputy called the officer a coward. In Denver and Arapahoe County, the sheriff's deputy and his wife would likely face charges of Disorderly Conduct, C.R.S. 18-9-106.
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Disorderly Conduct Charges in Douglas County | Yelling Profanities is Disorderly Conduct
In Douglas County, Disorderly Conduct charges occur whenever someone 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
(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 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.
Because the sheriff's deputy made offensive comments and yelled profanities at the other officer, it would be considered making a coarse and offensive utterance, gesture, or display in a public place where the utterance, gesture, or display incited an immediate breach of the peace.
Disorderly Conduct and Free Speech in Adams County | The Line is Blurry
In Adams County, men and women are often arrested or accused of Disorderly Conduct after stating opinions in situations where they believe it is free speech. The First Amendment protects our freedom of speech, but if our freedom of speech breaches the peace, Disorderly Conduct charges can be filed. The line is often blurry between what is considered free speech and what is considered criminal in Colorado. And, it is not difficult to face Disorderly Conduct charges after exercising free speech. If facing charges of Disorderly Conduct in Colorado, it's imperative you consult an experienced Disorderly Conduct lawyer from the O'Malley Law Office to defend you immediately.
Disorderly Conduct is a Petty Offense or Misdemeanor in Jefferson County
In Jefferson County, Disorderly Conduct is a petty offense or misdemeanor depending on the type of conduct. If making an offensive gesture or utterance that breaches the peace, or making noise in public or near a private residence, Disorderly Conduct is a class 1 petty offense. If the intent behind this behavior, however, is to disrupt, impair or interfere with a funeral, or cause emotional distress to someone attending a funeral, it is a class 2 misdemeanor. If fighting with another person in public, Disorderly Conduct is a class 3 misdemeanor. Finally, discharging a firearm in public or displaying a deadly weapon in public is a class 2 misdemeanor. Each one of these charges can dramatically impact your future. If you are facing charges or accusations of Disorderly Conduct in Colorado, contact a criminal defense lawyer from the O'Malley Law Office immediately.
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If facing charges of Disorderly Conduct in Denver, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys at our office for a free consultation at 303-830-0880. Together, we can protect your future.Request a Free Consultation
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