Disturbing the Peace

Disturbing the peace, sometimes called breach of the peace or disorderly conduct, is a relatively minor criminal charge, but can be more serious in some circumstances. Each state has its own rules about what actions lead to a disturbing the peace charge and the severity of the consequences for a conviction. There are a few basic elements that are similar in most states with regard to disturbing the peace charges.

Working with a criminal defense attorney can help reduce some of the stress before you appear in court and may make it easier to combat a conviction, or at least minimize your sentence.

What Is Disturbing the Peace?

In a very basic sense, disturbing the peace means causing some kind of nuisance or disruption that bothers other people in a public space. Common reasons for being charged with disturbing the peace include:

• Playing excessively loud music
• Throwing a large, noisy party
• Shouting obscenities, offensive words or slurs, or fighting words
• Getting into a physical (or a loud verbal) fight
• Public intoxication

For a valid disturbing the peace charge, your actions need to be unreasonable and extreme enough that any rational person would find them disruptive. Having the volume up loudly on your television likely isn’t enough of an unreasonable noise to warrant a disturbing the peace charge on its own, unless it’s at a truly outrageous level that understandably bothers your neighbors.

You may also have a First Amendment right to free speech defense for shouting some offensive words as long as they are not fighting words or words intended to incite violence.

It doesn’t matter if you actually intended to disturb the peace. Usually, all that matters is that you intended to do the action that disturbed the peace.

What Happens if I’m Charged With Disturbing the Peace?

Not all extreme behavior that annoys another in a public place will rise to the level of a criminal offense.

For example, if you are playing loud music late at night or creating other loud noises, like shooting off fireworks, a police officer may just ask you to turn the music down or give you a warning.

If you are actually arrested and charged, however, you may need to go before a judge, and you could face penalties from the court.

For first-time offenses of comparatively minor disruptions, some states may charge you with an infraction or a petty misdemeanor offense. Infractions are usually not considered crimes, though you may still need to pay a small fine.

It’s more common, however, for the court to consider disturbing the peace as a criminal misdemeanor. Jail time for a first-time offense like this is usually rare, but not impossible. The punishment will more likely be a fine of around $50 to $200 or community service. But don’t take this misdemeanor charge lightly, a disturbing the peace conviction can still show up on a background check if you are applying for jobs.

When Disturbing the Peace Charges Get More Serious

If you’ve previously been charged with disturbing the peace or if your actions were particularly egregious, you might face more serious charges. For example, if your actions included threats or offensive language or you were intoxicated and found near a car, you could face charges like making terrorist threats or DUI.

Some jurisdictions may even consider charging you with felony disturbing the peace under certain circumstances, such as disorderly conduct toward a police officer. Harsher penalties for disturbing the peace can include increased fines of up to $1,000, restitution, or even a few months to one year in county jail.

Do I Need a Lawyer for a Disturbing the Peace Charge?

Depending on the context of your arrest, you may need to consider getting help from a criminal defense lawyer. A lawyer who is familiar with disturbing the peace charges and how to defend against them could help you build a stronger case to avoid a conviction or decrease your penalties.

How you respond to your criminal charges and the things you say and do early on can affect the outcome of your case. An experienced criminal defense attorney can help start you off on the right foot to help you present the strongest possible defense.