Denver Disorderly Conduct
Defense Attorney

Last reviewed: September 29, 2026 by William Bacharach · Colorado Bar #59714

Disorderly conduct is one of the most commonly charged offenses in Denver — often arising from bar disputes, sporting events, protests, neighbor conflicts, or emotionally charged public situations. While it may seem minor, a disorderly conduct conviction creates a criminal record that appears on background checks for jobs, housing, and professional licenses. William Bacharach defends disorderly conduct charges throughout Denver and the Front Range.

Colorado Disorderly Conduct Law — C.R.S. § 18-9-106

Disorderly conduct in Colorado covers a range of public conduct that disturbs others or disrupts order. Under Colorado's 2022 sentencing reform, the standard offense is a petty offense, but it becomes a misdemeanor 2 when it involves displaying a firearm and a misdemeanor 1 when it involves discharging a firearm in public.

What Qualifies as Disorderly Conduct

Under Colorado law, a person commits disorderly conduct when they intentionally, knowingly, or recklessly:

• Make a coarse and obviously offensive utterance or gesture in a public place that tends to incite an immediate breach of the peace
• Make unreasonable noise in a public place or near a private residence
• Display a deadly weapon in a public place in a manner calculated to alarm others
• Discharge a firearm in a public place (excluding lawful self-defense)
• Fight with another in a public place, except in an amateur or professional contest of athletic skill

For a subsection-by-subsection breakdown of penalties, see our guide: Colorado Disorderly Conduct Penalties (CRS 18-9-106).

Why Even a "Minor" Disorderly Conduct Charge Matters

Many people assume disorderly conduct is a fine and a slap on the wrist. The reality is more serious. A conviction creates a criminal record visible to employers, landlords, licensing boards, and federal background check systems. For professionals in healthcare, law, finance, education, or any licensed field, even a petty offense conviction can jeopardize your career.

For non-citizens, a disorderly conduct conviction can have immigration consequences — including impact on visa status, green card applications, and naturalization eligibility.

Defending Disorderly Conduct Charges

First Amendment Protections

Speech-based disorderly conduct charges are frequently vulnerable to First Amendment challenges. Colorado courts have recognized that the disorderly conduct statute cannot be used to punish constitutionally protected speech — including offensive, provocative, or politically charged expression that does not constitute "fighting words" or create an imminent threat of violence.

William Bacharach evaluates every speech-based disorderly conduct case for constitutional defects, and files appropriate motions where the charge infringes on protected expression.

Lack of Criminal Intent

Disorderly conduct requires intentional, knowing, or reckless conduct. Accidental noise, inadvertent disturbances, or conduct that was not reasonably foreseeable as disruptive does not meet the standard. Attorney Bacharach challenges the prosecution's ability to prove the required mental state.

Insufficient Evidence

Disorderly conduct charges arising from verbal disputes often rely entirely on the officer's observations or the alleged victim's account. Without corroborating witnesses or recordings, the evidence may be insufficient to support a conviction beyond a reasonable doubt.

Dismissal and Diversion

For first-time offenders with no prior record, possible resolutions can include deferred prosecution, a diversion agreement, or a plea to a non-criminal infraction. Whether any of these is available depends on the charge, the facts and your history.

Disorderly Conduct and Domestic Violence

Disorderly conduct can be charged with a domestic violence enhancement when it occurs between intimate partners. This transforms a petty offense into a charge with federal firearm consequences and mandatory domestic violence treatment. See our Domestic Violence page for more information on that enhancement.

Frequently Asked Questions — Disorderly Conduct in Colorado

What are the penalties for disorderly conduct in Colorado?

Disorderly conduct under § 18-9-106, C.R.S. is usually a petty offense — offensive utterances, unreasonable noise, and fighting in public — carrying a fine of up to $300 and up to 10 days in jail. Displaying a firearm to alarm others is a class 2 misdemeanor, and discharging a firearm in public is a class 1 misdemeanor. Any conviction creates a criminal record that appears on background checks for employment, housing, and professional licensing; a petty offense conviction can be sealed after a one-year waiting period.

Can disorderly conduct charges be dismissed?

Yes. Disorderly conduct charges are often based on subjective officer observations and can be challenged on First Amendment grounds, lack of intent, or insufficient evidence that the conduct was truly disruptive. Many cases are resolved through deferred judgments or outright dismissal.

Will a disorderly conduct conviction show up on a background check?

Yes. Even petty offense convictions appear on Colorado criminal background checks. This can affect employment, housing applications, and professional licensing. Fighting for dismissal or pursuing record sealing after resolution can prevent these long-term consequences.