WHAT IS DISTURBING THE PEACE?
Disturbing the peace, or breach of peace, occurs when someone violates another person’s right to peace. Everyone has a right to peace and violating this right is a criminal offense and can become very serious.
WHAT IS CONSIDERED DISTURBING THE PEACE?
Disturbing the peace is a vague term and can be interpreted in many different ways. Laws on disturbing the peace are different state to state. However, there are some some guidelines on what can be considered disturbing the peace. These include:
- Fighting in a public place
- Using offensive words in a public place
- Yelling in a public place with violent intent
- Playing excessively loud music late at night
- Being involved in an unlawful protest
- Trying to incite violence
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With any allegations of disturbing the peace, malicious intent needs to be proven. It is not enough to be convicted of disturbing the peace if someone are simply being annoying, playing around, or if an accident occurs. However, if an individual’s actions are persisting after being told to stop, they may be disturbing the peace. It is also important to note that self-defense is not considered disturbing the peace.
DISTURBING THE PEACE IN CALIFORNIA
In California, the law is fairly vague when defining what the actual charge is for disturbing the peace. Typically, there are three things police officers can charge you with when disturbing the peace.
- Fighting or inciting a fight in a public place
- Being intentionally loud and rowdy
- Constantly using foul language in a public place
Because the law regarding disturbing the peace is so vague, the defense against these charges are relatively easy to defend.
WHAT ARE THE CONSEQUENCES?
Disturbing the peace can be considered a misdemeanor criminal offense. In some instances, disturbing the peace can be charge as an infraction, preventing the charge from going onto a personal record. Consequences are dependent on where the incident occurred. Offenders may face jail time or be fined. Required community service hours may also occur. Another factor that may determine an individual’s charge is prior history. If someone has a history of disturbing the peace, the sentence will be much more serious compared to someone with no history.
COMMON DEFENSES AGAINST DISTURBING THE PEACE
Disturbing the peace can be a tough crime to prove because of its subjective nature. The most common defense against disturbing the peace is that offense didn’t occur, or didn’t result in any harm. If a police officer is called to the scene, defer to them to make the call and decided whether disturbing the peace is actually occurring. Another common defense against disturbing the peace is the protections under the First Amendment. Freedom of speech, the right to assemble etc. Again, defer to the local authority on the scene when dealing with issues regarding disturbing the peace.
LOCAL STORIES ABOUT DISTURBING THE PEACE
Photo credit: San Diego Union Tribune
In El Segundo, a man was torturing a neighborhood by blasting an air horn early in the morning. After weeks of making a ruckus, John W. Nuggent was caught by local police. Local officers spotted a car, matching the description from local residents. After searching the vehicle, an air horn was found. Needless to say, there was a sigh of relief in the neighborhood. Nuggent was taken to jail and charged with disturbing the peace. This particular crime was charged a misdemeanor, that could result in a $400 fine or 90 days in jail.
If you have been accused of disturbing the peace, contact an experienced criminal defense attorney.