DISORDERLY CONDUCT & CRIMINAL DAMAGE

The charges police write when they need to write something

Disorderly conduct and criminal damage are Arizona’s most flexible criminal charges. When officers arrive at an argument, a party, a bar, a protest or a domestic call and something has to happen, these are the statutes that get used, because the language is broad enough to cover almost any confrontation.

That breadth cuts both ways. It means people get charged for conduct that is not really criminal — raising your voice, refusing to leave fast enough, a shove during an argument nobody was hurt in. It also means these charges are unusually vulnerable to a defense that actually reads the statute and holds the State to each element.

What people do not expect is how serious the consequences can be. One prong of the disorderly conduct statute is a felony. Criminal damage becomes a felony at $1,000 in damage. And both offenses are enumerated in Arizona’s domestic violence statute, which means the right relationship converts an ordinary misdemeanor into a conviction that carries mandatory counseling, firearm consequences and escalating exposure on any future charge.

Disorderly conduct — A.R.S. § 13-2904

Arizona’s disorderly conduct statute requires that you acted with intent to disturb the peace or quiet of a neighborhood, family or person, or with knowledge that you were doing so. On top of that intent, the State must prove one of six specific kinds of conduct.

Conduct	Classification
Fighting, violent or seriously disruptive behavior	Class 1 misdemeanor
Making unreasonable noise	Class 1 misdemeanor
Abusive or offensive language or gestures to a person present, in a manner likely to provoke immediate physical retaliation	Class 1 misdemeanor
Protracted commotion intended to prevent the business of a lawful meeting, gathering or procession	Class 1 misdemeanor
Refusing a lawful order to disperse issued to maintain public safety near a fire, hazard or emergency	Class 1 misdemeanor
Recklessly handling, displaying or discharging a deadly weapon or dangerous instrument	Class 6 felony

A.R.S. § 13-2904(A) and (B). Current as of July 2026.

That last row is the one that changes lives. Disorderly conduct with a deadly weapon under § 13-2904(A)(6) is a class 6 felony, and it is charged far more often than people realize — a firearm displayed during a road rage incident, a gun handled carelessly during an argument, a warning shot. Because it is a class 6 felony, it is also potentially eligible for designation as a class 1 misdemeanor under A.R.S. § 13-604, which is frequently the single most important objective in the case.

Note how the mental states work. The intent element attaches to disturbing the peace. The weapon prong requires recklessness as to the handling. Those are two different things, and separating them is often where a defense begins.

Criminal damage — A.R.S. § 13-1602

Criminal damage covers recklessly defacing or damaging another person’s property, recklessly tampering with property so as to substantially impair its function or value, recklessly damaging utility property, recklessly obstructing livestock’s access to their only available water, graffiti made without the owner’s permission, and intentionally tampering with utility property.

The classification is driven by the dollar amount of the damage.

Damage amount or circumstance	Classification
$10,000 or more	Class 4 felony
$5,000 or more to utility property, or intentional tampering with utility property causing an imminent safety hazard	Class 4 felony
$2,000 to under $10,000, or damage to promote a criminal street gang or syndicate with intent to intimidate	Class 5 felony
$1,000 to under $2,000	Class 6 felony
More than $250 to under $1,000	Class 1 misdemeanor
All other cases	Class 2 misdemeanor

A.R.S. § 13-1602(B). Current as of July 2026.

Two details worth knowing. Damage to utility property crosses into class 4 felony territory at a lower threshold — $5,000 rather than $10,000. And in graffiti cases charged under subsection (A)(5), the damage figure by statute includes reasonable labor costs, material costs and equipment costs used to abate or repair the damage, which is how a can of spray paint turns into a four-figure loss on a police report.

Aggravated criminal damage — A.R.S. § 13-1604

Certain targets take the offense out of the ordinary statute entirely. Damaging a place of worship, a school or educational facility, a cemetery or mortuary, or utility or agricultural infrastructure for the purpose of obtaining nonferrous metals is aggravated criminal damage. The mental state is broader — intentionally or recklessly — and every tier is a felony. There is no misdemeanor version.

Damage amount	Worship, school or cemetery	Infrastructure for nonferrous metals
$10,000 or more	Class 4 felony	Class 3 felony
$1,500 to under $10,000	Class 5 felony	Class 4 felony
Under $1,500	Class 6 felony	Class 5 felony

A.R.S. § 13-1604(B). Current as of July 2026.

Criminal trespass

Trespass charges often accompany these cases. Under A.R.S. § 13-1504, first degree criminal trespass in or on a critical public service facility is a class 5 felony; entering or remaining unlawfully in a residential structure, or desecrating a religious symbol or religious property, is a class 6 felony; and entering a fenced residential yard, looking into a residence in reckless disregard of the inhabitant’s privacy, or unlawfully entering a mineral claim is a class 1 misdemeanor. Second degree criminal trespass under § 13-1503 — entering or remaining unlawfully in a nonresidential structure or fenced commercial yard — is a class 2 misdemeanor.

The domestic violence designation

This is the part that catches people completely off guard. A.R.S. § 13-3601 lists the offenses that can carry a domestic violence designation, and both criminal damage and disorderly conduct are on that list — if the relationship between the parties qualifies. Qualifying relationships include current or former spouses, people who live or have lived together, people with a child in common, a range of blood and in-law relatives, and current or former romantic or sexual relationships.

There is a limit that matters. Criminal damage is enumerated without qualification, so any criminal damage offense can be designated DV. Disorderly conduct is enumerated only as to paragraphs (A)(1), (2), (3) and (6). A disorderly conduct charge pled under (A)(4) — protracted commotion at a lawful meeting — or (A)(5) — refusing a dispersal order — cannot lawfully carry a domestic violence designation. That is a real, citable point, and it is worth checking against your charging document.

The designation does not change the class of the offense. What it changes is everything around it: officers must arrest rather than cite and release where physical injury or a weapon is involved; release conditions protecting the alleged victim are mandatory; firearms may be seized at the scene and held; a misdemeanor conviction requires court-ordered domestic violence offender treatment at your expense under § 13-3601.01; and a third qualifying DV offense within 84 months becomes aggravated domestic violence, a class 5 felony with mandatory jail of four months with two priors and eight months with three or more.

How we defend these cases

We attack the mental state. Disorderly conduct requires intent to disturb the peace or knowledge of doing so. Criminal damage requires recklessness, and aggravated criminal damage requires intent or recklessness. Accidents are not crimes. Neither is being loud in a place where loud is normal.

We attack the damage figure. A criminal damage case that comes in at $1,050 is a felony; at $950 it is a misdemeanor. Estimates on police reports come from the complaining party, are frequently inflated, and are rarely supported by an actual repair invoice. This is the highest-value fight in most criminal damage cases.

We check whether the DV designation is even available. Whether the relationship qualifies under § 13-3601(A)(1) through (6), and which subsection the disorderly conduct is charged under, both control. Getting an unlawful designation removed changes the collateral consequences of the entire case.

We take the weapon prong seriously. A class 6 felony under (A)(6) is a different case from a misdemeanor. Was the weapon actually handled recklessly, or was it lawfully carried and visible? Was there a defensive display privilege? And if a conviction cannot be avoided, is this a case for designation to a class 1 misdemeanor under § 13-604?

We look for the First Amendment problem. The abusive-language prong requires language likely to provoke immediate physical retaliation from a person present. Speech that is merely offensive, insulting or profane — including speech directed at police officers — is not automatically criminal, and charges built on words alone often do not survive scrutiny.

We push for diversion and restitution-based resolutions. In property damage cases in particular, a resolution that makes the complaining party whole is often available and often ends the case without a conviction.

Common questions

Is disorderly conduct a felony in Arizona?

Usually not. Five of the six prongs of A.R.S. § 13-2904 are class 1 misdemeanors. The exception is subsection (A)(6), recklessly handling, displaying or discharging a deadly weapon or dangerous instrument, which is a class 6 felony.

At what point does criminal damage become a felony?

At $1,000. Damage of more than $250 but under $1,000 is a class 1 misdemeanor, $1,000 to under $2,000 is a class 6 felony, $2,000 to under $10,000 is a class 5 felony, and $10,000 or more is a class 4 felony. Utility property crosses into class 4 at $5,000.

Can disorderly conduct be a domestic violence charge?

Yes, but only when charged under paragraphs (A)(1), (2), (3) or (6) of § 13-2904 and only where a qualifying relationship exists under § 13-3601(A). Charges under (A)(4) or (A)(5) are not eligible for a DV designation.

Can I be charged for yelling at a police officer?

Offensive or profane speech alone is generally protected. The statute requires language or gestures likely to provoke immediate physical retaliation from a person present, and courts scrutinize charges built on words. Whether a particular case survives that scrutiny depends on the facts.

What if I paid for the damage already?

Paying does not automatically dismiss the charge, but it matters. Restitution paid before the case resolves affects the prosecutor’s view of the case, the court’s view at sentencing, and often the availability of a diversion resolution.

Can a felony disorderly conduct charge be reduced to a misdemeanor?

A class 6 felony that is not a dangerous offense may be designated a class 1 misdemeanor under A.R.S. § 13-604, either at sentencing or after successful completion of probation. Whether that is available depends on the facts, the charge and your record, and it is one of the primary objectives we pursue in these cases.

Is graffiti criminal damage in Arizona?

Yes. Recklessly drawing or inscribing a message, slogan, sign or symbol on a building, structure or surface without the owner’s permission is criminal damage under § 13-1602(A)(5), and the damage calculation includes labor, materials and equipment used to clean or repair it — which pushes many graffiti cases past the felony threshold.

Talk to a Maricopa County defense lawyer

Disorderly conduct and criminal damage charges move fast in the justice and municipal courts, and they are frequently resolved before anyone has questioned the damage estimate, the mental state or the domestic violence designation. That is exactly why having counsel early changes the outcome.

Nova Law Group defends disorderly conduct, criminal damage, aggravated criminal damage and criminal trespass charges throughout Maricopa County. Consultations are free and confidential.

Call (480) 405-6767 or request a confidential consultation.

Related charges we defend

Arizona cases rarely arrive alone. If any of these apply to your situation, or you are not sure which charge you are actually facing, these pages explain what to expect:

• Assault & Aggravated Assault
• Domestic Violence Defense
• Theft & Shoplifting
• Traffic Tickets & MVD Hearings
• Arizona Misdemeanor Defense
• Criminal Defense in Maricopa County

This page describes Arizona law in general terms as of July 2026 and is not legal advice. Every case turns on its own facts. No result is guaranteed, and past outcomes do not predict future ones. Reading this page does not create an attorney-client relationship.