Legal Question in Criminal Law in Arizona

I was arrested over the weekend and charged with Disorderly Conduct/Violent Behavior. The Domestic Violence box is also checked. Held overnight, released without bail at arraignment in the morning. My husband was also arrested. Same charge. Same circumstances.

We are both law abiding citizens. Parents of 2. Have been together for 13 years without incident. Pictures were taken of injuries we both had...most of them stemming from a river tubing trip earlier in the day. One was caused by me to my husbands ear.

The police report says something like "Disorderly conduct. A neighbor was bothered by the noise. he has an injury stemming from an incident between the two earlier that day. both parties had to be physically separated by another person in the home twice."

I said I didn't want to talk, and my husband only addressed the blood as stemming from an earlier incident between us. Two other people were questioned, but the above is all I can tell they got out of it.

My husband is the victim in my charge, I am the victim in his. Neither one of us were read our miranda rights (not sure if that matters) until arraignment. Neither one of us will press charges.

Questions: Is this a domestic violence charge or disorderly conduct? What are the chances of this getting dropped at pre trial? What are the chances of it getting dropped as a condition of domestic violence classes or the like?


Asked on 5/21/12, 10:25 am

1 Answer from Attorneys

Disorderly conduct of disturbing the neighbor is not domestic violence. Domestic violence requires a statutory defined relationship such as husband and wife. If neither of you are claiming you were disturbed then neither of you is a victim. The victim here would be the neighbor. There is always the possibility of settlement of the case either by dismissal for fist offender diversion to an acquital at trial. I would recommend that you hire an attorney experienced with misdemeanors and domestic violence to resolve this matter.

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Answered on 5/21/12, 5:26 pm


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