This charge refers to a wide body of actions that are considered to be a public nuisance. What these offenses are exactly will often vary from state to state. In some cases, these charges may even be considered felonies. Usually speaking though, a charge of disturbing the peace will be a misdemeanor, or even an infraction. Still, there are statutes that reach across the board. It can be important to know how law enforcement views certain activities, and to understand any of charges that you might be facing.
This charge might be termed as a breach of the peace, as disorderly conduct, or any other number of names. You could get slapped with this charge even if you did not actually cause a disturbance. It could mean that you interrupted a public assembly, acted unbecomingly while you were drunk, or even touched a person apart from his or her permission. This means that you can be charged with this offense if you did not even mean to create a disturbance.
Disturbing the peace can also be very similar to assault in some aspects, as verbal threats can bring this charge. If an average person would construe your words as a threat of serious bodily harm, and you behaved in a manner that looks as if you mean to carry through on the threat, then you can be charged with disturbing the peace.
If you are faced with more serious criminal charges, then an attorney might work to get this pled down to a charge of disturbing the peace. So if someone is charged with assault and battery after joining a brawl, a prosecutor might be okay with a plea bargain that charges you with disorderly conduct instead. This would mean that instead of pleading guilty to assault and battery, you could plead guilty to a much less severe charge. The potential sentences you faced would then diminish accordingly.
You may even be able to plead down to an infraction of disturbing the peace, a lesser charge than even a misdemeanor disturbing the peace. An infraction is not a criminal offense, meaning there would be no jail time involved in a sentence. Infractions are illegal activities that can be penalized by such sentences as community service and fines. This would help you to avoid what is often the most severe penalty of all: a criminal record. This means that when you are in a job interview, for example, you can truthfully say that you have never been convicted of a crime.
That being said, depending on the context of your charges, you could be facing any number of penalties. You could be looking at criminal charges, a felony or misdemeanor charge. State laws affect what charges and penalties you could encounter. If you have a felony charge, you could be looking at a year or more in prison. For a misdemeanor, you might be sentenced to jail for as much as a year. In some states, you might only face a maximum of a 60 days in jail. With breach of the peace charges, the time you have already spent in jail can count to whatever sentence you serve. You may also have a probation sentence.
You might also face fines. In fact, if you are convicted of or plead guilty to disturbing the peace, you probably will be fined. The amount would depend on whether or not you have any previous criminal record, and the circumstances of the offense. You could be fined $100, say, for a first time misdemeanor. More serious charges, or subsequent charges could lead to $2,000 fines. A felony charge of disorderly conduct would probably entail no less than $1,000 in fines.
If you are being charged with disturbing the peace, this is not a small charge. If you face this or even more serious charges, then be certain to call a criminal defense attorney immediately. Protect your freedom and your future.
