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Disorderly conduct charges acquitted in Arizona

#5003
State v. JF

6 criminal misdemeanor charges:
ARS 13-1202 – 3 counts of Threatening
ARS 13-2904 – 3 counts of Disorderly Conduct

JF was at his chandler residence when kids attending a neighborhood party came to his door caroling. The kids finished their songs with vulgarities and obscenities and ran off of JF’s property. Later in the evening, as 3 of the kids were leaving the party and heading towards their cars, JF allegedly screamed from behind his security door that he would “put a hole in them.” The police were called and witnesses were interviewed and JF was subsequently arrested and charged with Threatening and Disorderly Conduct.

The prosecutors refused to dismiss the case. JF is a professional and could not plead guilty to any charges. At trial, all 3 victims testified that they could not see who was yelling at them from behind the door. The court found JF not guilty of the 3 threatening charges, because of the victim’s testimony, but guilty of the disorderly conduct because the arresting officer testified that JF admitted yelling at the 3 victims.

MLF filed a new request for a dismissal of the disorderly conduct charges after the trial. The request is called a rule 20 motion/motion for new trial. The argument was based on the idea that if there was no identification of who specifically threatened the victims, then there was no identity establishing any disorderly conduct. Also, MLF argued that there is a constitutional right under the first amendment to freedom of speech especially in one’s home. After the oral argument, the court granted the renewed motion for directed verdict on the 3 disorderly conduct charges.

Client acquitted of all charges.