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WTF?!? Major Progress in Fighting Breach of Peace Second Degree Charges

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WTF?!? Major Progress in Fighting Breach of Peace Second Degree Charges
  • Thanks to a new CT Supreme Court decision, it’s now easier to get Breach of Peace Second Degree charges dismissed in Connecticut.

  • Breach of Peace Second Degree arrests under CGS 53a-181 now require accompanying violent or threatening conduct.
  • Not every Connecticut police officer, prosecutor or courthouse is up to speed on the nuances of this new law.
  • That’s why it’s critical to have a top Connecticut criminal lawyer by your side to help you get your Breach of Peace case dismissed.
  • So make sure you speak to a lawyer before going into court for your CT breach of peace arrest or ticket.

What is Breach of Peace Second Degree in Connecticut?

As any of the best Connecticut criminal breach of peace lawyers can explain, you can get arrested for Breach of Peace in the Second Degree if you intentionally or recklessly:

  • Engage in threatening or violent conduct in public
  • Assault or hit another person
  • Threaten to commit a crime
  • Post offensive or indecent material
  • Use obscene gestures or language in public

These are the most common scenarios, according to Connecticut Penal Law, but the Connecticut Supreme Court has recently tweaked the law in favor of the First Amendment.

Connecticut Breach of Peace Law Has Changed…Big Time….

Last year I blogged about a game-changing decision by the Connecticut Supreme Court—State v. Baccala.   In that case, the Supreme Court reversed a conviction for a Breach of Peace because the offensive language used by the defendant was not accompanied by conduct that appeared threatening or violent.

This means that going off on someone, dropping F bombs in public, or being completely and utterly offensive (but not threatening) either in a road rage, neighbor dispute, sporting event or at the bar or club is likely not enough to sustain a Breach of Peace Second Degree arrest in Connecticut under CGS 53a-181.

So Do I Still Have to Burn My AR / Accelerated Rehabilitation Program to Get My Connecticut Breach of Peace Charges Dismissed?

Not necessarily. Especially after the Baccala decision. All the more reason to contact a top Connecticut criminal lawyer attorney who can argue the legal nuances of the Baccala decision. Their goal would be to get your Connecticut breach of peace arrest dismissed, erased, and expunged without you having to use the AR program. It would also allow for your breach of peace arrest report and mug shot to be removed off the internet and Google searches, protecting your online reputation and likely your Connecticut employment background checks going forward.

You can follow this link for more defense strategies on fighting breach of arrests.

Preserve Bodycam Evidence If It Will Be Helpful

Top Connecticut criminal lawyers are closely following new Connecticut police mandates to wear and operate “bodycams” during all arrests and investigations. These recordings can either be a blessing or a curse for people arrested in Connecticut for Breach of Peace Second Degree CGS 53a-181. Discuss the pros and cons of filing motions with the court at your first court date to preserve bodycam footage, as it could materially help or hurt your case, depending on the circumstances.

Call a Connecticut Breach of Peace Second Degree Lawyer Today

If you’ve been charged in Connecticut with Breach of Peace Second Degree CGS 53a-181, then be sure to contact one of the criminal defense lawyers at Mark Sherman Law today. We are closely following how Connecticut courts and prosecutors are applying the game-changing Baccala decision and throwing out Breach of Peace cases that once clogged the court system.

For more about our law firm, check out the 5-star, certified former client reviews on the Avvo.com website. Then call us today at (203) 358-4700.

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