Under the Constitution of the United States, the First Amendment states that American citizens have the right to freedom of speech. If you have been a part of a demonstration protest exercise in order to express your right to freedom of speech, but were cited for disturbing the peace, you might want to consult an experienced attorney to help you through this legal process; if you were charged with a more serious crime, your attorney might get you a lessened sentenced by asking for leniency through a disturbing the peace charge. Here is what to expect when charged or convicted with disturbing the peace:
This kind of charge when innocent, will either have a denial plea or a denial plea based on self-defense. There are wide ranges of possible disturbing the peace charges, which can therefore vary in its punitive functions. Depending upon the crime, this conviction or plea can result anywhere from an infraction to a misdemeanor. Some examples of crimes that fall under the charge of disturbing the peace are the following:
- Inebriation in public;
- Disorderly conduct;
- Public nuisance;
- Indecent exposure;
- Prostitution;
- Battery; and
- Domestic violence.
Inebriation in public, disorderly conduct, public nuisance, and indecent exposure are all minor charges of disturbing the peace, and they may be the main cause of a charge of disturbing the peace as well as other additional charges. There is also a chance that a person who is charged with disturbing the peace may be charged with a nuisance of civil liability lawsuit; sometimes caused by a disgruntled neighbor. Prostitution, battery, and domestic violence are the most serious crimes and can result in greater punitive action such as a misdemeanor.
Usually, if you have been convicted with a disturbing the peace charge, it will not appear on your record for employment background checks, or other criminal checks; though this is mainly true if the defense is only a first offense, Yet, there are some schools or government applications and organizations that may require a detailed analysis of your history in court or with criminal convictions. These type of organizations may be found where most state laws are disclosed on any local government website.
In California, breach of peace or disturbing the peace laws were made lawful in 1892 to protect against disorderly conduct; in 1976 an amendment changed the law to a new law stating that those who used words to cause a fight with anyone to those who wanted to use fighting words to start an fight after spoken immediately. Most times, these laws are incredibly hard to prove and are beneficial for those who have been charged. Also, unreasonable or excessive noise can be unlawful due to municipal codes though.
According to California's state Penal Code 415 PC, disturbing the peace is referenced in legal terms as a "wobbler," which means that certain circumstances may dictate that a conviction may take the form of an infraction or a misdemeanor. Since a charge of disturbing the peace can be minor compared to other charges, many attorney's ask for a more serious charge to be sentenced as a disturbing the peace charge for sentence leniency. Sometimes, this may be a prevalent situation when the defendant pleads guilty or no contest. If this is ever the case, the judge may reduce the plea to an alternative or more lenient plea through a deal that the prosecutor and defendant's attorney broker in their office. If this happens, and those in the court agree to the softer sentence, the decision will be announced in the court room. If you have a serious crime that you would like to consider asking to be reduced, ask your attorney if this is the right course of action for your case.
