What is the Law on affray in Utah and what are the Punishments for it?
There is no standard definition of disorderly conduct as states in America have defined the term differently. However, every statute typically describes it as a criminal offense causing disturbance to peace. Also, some states even describe affray as a type of disorderly conduct.
The laws pertaining to disorderly conduct aim to put an end to unruly and obnoxious public behavior. The disorderly conduct laws in the state of Utah make it unlawful to block traffic, making excess noise at a public site, or fight.
In fact, disorderly conduct is not only one of the most widely committed offenses n Utah, but also in the entire country. At the same time, the offense is described vaguely in several states in the country. When you are familiar with what this charge constitutes of and the possible penalties attached to it, you can be better equipped to prepare your defense by approaching an experienced defense attorney.
Affray - General term
Typically, disorderly conduct is a crime, which accuses the defendant to have behaved in a disruptive way, which can cause disturbance of peace to other people.
In general, disorderly conduct is an offense that alleges that the defendant acted in a disruptive manner, which disturbed the peace of others. While some disorderly conduct crimes are associated with consuming alcohol or drugs, this is not usually a required element of the crime.
This broad wording allows prosecutors and law enforcement agencies to enforce the law upon someone who is acting in a disruptive manner. Check out the law pertaining to the disorderly statute in the state of Utah in the following section.
The state describes disorderly conduct within its Criminal Code. The act comprises several potential criminal behaviors. The act enables law enforcement agencies and law enforcement officers to load charges on a person who has acted in a disruptive way. The charge is provided by the statute under various scenarios like:
An individual can be convicted of disorderly conduct when he/she is engaged in any kind of threatening behavior or fighting.
Disobeying the police
It is specifically stated in the statute that refusal of a person to adhere to the lawful instructions of a law enforcement personnel to leave a public site can lead to this charge.
Creating offensive or hazardous condition
It is another scenario wherein an individual can be convicted of an act of disorderly conduct in Utah. There are some exceptions applicable here like artistic expression.
Causing obstruction to traffic
An individual can be also convicted of disorderly conduct when he/she causes obstruction to the traffic flow.
Being excessive noisy
When a person tries to alarm, inconvenience, or antagonize the public, he/she can be held guilty of committing disorderly conduct act. For instance, the person can make certain unreasonable noises at a private or public place, which is audible in public.
Also, public places refer to highways, streets, schools, and hospitals, common areas of apartment complexes, office buildings, transportation facilities, and stores among others.
How severe is the offense in Utah?
When the disorderly conduct act was an outcome of a failure to listen to the state's law enforcement personnel, it is categorized as a misdemeanor of a Class C. Otherwise, disorderly act in the state is regarded as an infraction. Some related laws to disorderly conduct behavior in Utah include the offense of rioting, as well as, failure to disperse.
Possible punishments for affray in Utah
Class C misdemeanor: When this offense continues even after a person requests the actor to stop. Else, the state's law treats it as an infraction.
The state's law penalizes a person convicted of Class C misdemeanor with a maximum jail term of 90 days and/or a maximum fine of 750 USD.