Top Florence, AL Disturbing the Peace Lawyers Near You

Disturbing the Peace Lawyers

201 S Court Street, Suite 500, Florence, AL 35630

Disturbing the Peace Lawyers

212 South Cedar Street, Florence, AL 35630

Disturbing the Peace Lawyers

216 W. Dr. Hicks Blvd., PO Box 358, Florence, AL 35631

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Florence Disturbing the Peace Information

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What Is Considered Disturbing the Peace?

Disturbing the peace occurs when a person or group causes excessive continued noise that disturbs or endangers the peace and safety of others. The noise can be caused by almost anything. It is most often a minor criminal offense and can result in a criminal record.

Disturbing the peace is a misdemeanor offense, largely prosecuted at the local or the state level, in which an offender breached or disturbs the public peace.

This disturbance can come by way of fighting or brawling in public, obstinately interfering with business operations, screaming or shouting relentlessly in a public area, becoming overly raucous or rambunctious to the point of disturbance or any other variety of factors. Given that disturbance of the peace is a broad charge with many different names and behaviors associated with it (breach of the peace, for example), it is difficult to strictly categorize.

Disorderly Conduct vs. Disturbing the Peace

While both acts are generally committed in public, disorderly conduct and disturbing the peace are generally similar, both being considered misdemeanors as a result of unlawful and unwanted public behaviors.

While disturbing the peace is a broad charge, disorderly conduct is even broader. Squatting unlawfully in a tenement or apartment, prostitution or solicitation of prostitution (in certain jurisdictions) and begging or panhandling can be considered disorderly conduct. While disturbing the peace charges hinge more commonly around the idea of actually causing a public excitement or scene as a result of the offender’s actions, disorderly conduct does not always have this element.

What Is the Punishment for a Disturbing the Peace Charge?

Given that disturbing the peace is a misdemeanor rather than a felony in almost all instances, the typical penalty for those found guilty could be a jail term of 30 days to six months, and fines ranging from $200 to $1,000 or damages caused as a result of the offense. A probationary period, community service, addictions counseling or other considerations may be added to the sentence at the discretion of the court.

Some states classify disorderly conduct and disturbing the peace as similar enough to fall under the same umbrella of a second-degree misdemeanor. Those found guilty of these sorts of offenses could face up to six months behind bars in addition to a potential $500 fine.

By contrast, some states consider disturbing the peace to fall under the broader category of disorderly conduct as well. Disorderly conduct is considered a violation, rather than a criminal act (misdemeanor or no), and the maximum penalty is 15 days in jail as well as a small fine.

Can I Go to Jail for Disturbing the Peace?

In most jurisdictions, you can be sentenced to a jail term of between 14 days to six months in response to a conviction for disturbance of the peace or disorderly conduct.

Do I Need a Lawyer for Disturbing the Peace Charges in Florence?

If you are facing charges related to any disturbance of the peace or disorderly conduct offenses, it is highly recommended that you retain legal counsel at your earliest opportunity.

A skilled criminal defense attorney familiar with such charges can consult with you to determine the best path forward, perhaps negotiating with prosecutors to avoid trial entirely.

Despite the fact that some jurisdictions do not consider disturbance of the peace or disorderly conduct to be criminal matters — therefore excluding the possibility of a criminal record if you are found guilty — many jurisdictions do. Even in states where the matter is considered a violation rather than a misdemeanor, you could still be facing a short period in jail as well as punitive fines if you are found guilty. An experienced attorney can make sure that all options are presented to you with professionalism and care, improving your odds of making an informed and well-founded decision as to how best to proceed with your case.

Disturbing the Peace Legal Help

If you are charged with this offense, do not hesitate to contact a disturbing the peace lawyer. This applicable law varies between jurisdictions and prosecutors and judges may be tough or lenient. The lawyer will know how authorities handle these cases in your area, evaluate the circumstances and develop your defense.

What Do Judges Look for in Custody Cases?

In every state, family court judges must consider what is in the child’s best interests when determining custody. In most cases, judges emphasize making sure the child will spend ample time with both parents. To make this happen, a judge will likely want to know what each parent’s home environment is like, whether each parent will be able to give a child the proper attention, and which situation the child will be most likely to thrive in.

Who Has Legal Custody of the Child When the Parents Aren’t Married?

If the parents are not married, the child’s biological parents both have parental rights unless the law says otherwise. An exception to this could be if no father is listed on the child’s birth certificate. In that case, the father would have to go through the legal process of establishing paternity to be able to assert his parental rights for visitation.

How Can a Mother Lose Custody of Her Child?

A mother can lose custody of her child in much the same way a father could. This could include abusing the child, abusing drugs or alcohol, providing an unsafe home environment for the child, or abandoning the child.

How Can You Change a Child Custody Order?

If you or your ex are unhappy with the current custody arrangement, you can negotiate a change to your agreement. If a judge feels that the changes are still in the child’s best interests, then they may approve the order. If one of you is pressing ahead with seeking a change and the other parent is contesting it, you will need to prove a “substantial” change in circumstances. This could include one of the parents moving out of state, suffering from a disability or illness that affects their parenting ability, exposing the child to an unsafe environment, or having a change in work circumstances that requires rescheduling of visitation.

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