Utah Criminal Defense

Disorderly Conduct Attorney

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Utah Criminal Defense Attorney Jake Gunter.

Have you been charged with Disorderly Conduct in an Utah Justice Court?

Disorderly Conduct Penalties.

Disorderly Conduct is a Class C Misdemeanor, but sometimes can be charged as a Class B Misdemeanor. The lowest criminal charge in Utah, outside of an Infraction. Disorderly Conduct can be pled to an Infraction or charged initially as an Infraction to ensure you don’t ask for an expensive jury trial for the city.

A Utah Disorderly Conduct conviction will likely cause you to be on probation for 6-12 months. Disorderly Conduct carries up to 90 days in jail, but if you go to jail on a first offense Disorderly Conduct, you either had the worst lawyer possible, or made the judge extremely, extremely mad. If your Disorderly Conduct is pled to an Infraction or charged initially as an Infraction, it is impossible for you to serve county jail time because an Infraction doesn’t carry jail time.

The recommended bail schedule fine is $150 to $680, which can generally be paid over the course of your probationary term. If alcohol or drugs were involved with the conviction, you may have to complete a substance abuse evaluation and follow through with any treatment recommendations. Sometimes you can get a fine offset from your treatment costs you incurred.

Disorderly Conduct Jury Trials.

What is Utah’s version of Disorderly Conduct? Who makes the ultimate decision on what constitutes Disorderly Conduct? With great comfort, a jury of your peers is who decides what Disorderly Conduct is.

Having a persuasive Utah criminal defense trial lawyer on your side matters. Disorderly Conduct to one jury member may be something different to another jury member and your choice of advocate in the courtroom matters. Hiring an inexperienced attorney can be devasting.

Many times the prosecuting attorney will amend your Disorderly Conduct Class C Misdemeanor charge down to an Infraction to purposefully avoid your jury demand.

Utah’s Disorderly Conduct statutes reads:

76-9-102. Disorderly conduct.

(1) A person is guilty of disorderly conduct if:
(a) the person refuses to comply with the lawful order of a law enforcement officer to move from a public place, or knowingly creates a hazardous or physically offensive condition, by any act which serves no legitimate purpose; or
(b) intending to cause public inconvenience, annoyance, or alarm, or recklessly creating a risk thereof, the person:
(i) engages in fighting or in violent, tumultuous, or threatening behavior;
(ii) makes unreasonable noises in a public place;
(iii) makes unreasonable noises in a private place which can be heard in a public place; or
(iv) obstructs vehicular or pedestrian traffic in a public place.

(2) “Public place,” for the purpose of this section, means any place to which the public or a substantial group of the public has access and includes but is not limited to streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, public buildings and facilities, transport facilities, and shops.

(3) The mere carrying or possession of a holstered or encased firearm, whether visible or concealed, without additional behavior or circumstances that would cause a reasonable person to believe the holstered or encased firearm was carried or possessed with criminal intent, does not constitute a violation of this section. Nothing in this Subsection (3) may limit or prohibit a law enforcement officer from approaching or engaging any person in a voluntary conversation.

(4) Disorderly conduct is a class C misdemeanor if the offense continues after a request by a person to desist. Otherwise it is an infraction.

Open Carrying a Firearm is Not by Itself Disorderly Conduct.

Under Utah’s Disorderly Conduct statute, it is not a crime to open carry or carry concealed in and of itself. There must be additional facts constituting disorderly conduct, outside of solely having an open carry firearm.


The best Utah criminal defense lawyers have the following characteristics:

(1). Have vast amount of jury trial experience under their belt.

(2). Generally, are older attorneys, 10 years into the practice of law. Young, new attorneys just don’t get into the courtroom enough, let alone conduct jury trials.

(3). Focus on criminal defense, or a good chunk of their law practice is Utah criminal defense.

(4). They have been around long enough and know the judges and prosecutors. Relationships matter in the law.

(5). They have an able staff available to assist you.

(6). If you constantly can reach your attorney in the morning at 9 a.m., or in the afternoon at 1:30 p.m., it means they are not in court. Any good criminal defense attorney is constantly in court in the morning and just after lunch.

Disorderly Conduct Expungements.

Class C or Infraction Disorderly Conduct convictions have a 3 year waiting period before you can file for an expungement. The 3 year waiting period starts when the case is successfully closed. If you were convicted of a Class B Misdemeanor, the expungement waiting period is 4 years. A trick is to have your disorderly conduct defense attorney file a Rule 402 reduction motion to reduce your Class B to a Class C, so that the expungement waiting period reduces from 4 to 3 years.

Disorderly Conduct Defense Lawyer.

Utah Disorderly Criminal Defense Attorney Jake Gunter has nearly 20 years’ experience in private practice. He has over 2,000 plus court appearances and too many jury, bench and evidentiary hearings to remember.  Free consultation at (801) 373-6345. Flexible payment plans.

Is the lawyer you are about to call have 20 plus jury trials? Experience matters in criminal defense. Contact Jake today!

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(801) 373-6345

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