Greenwich Breach of Peace Arrest Lawyer
If you were arrested for breaching the peace, contacting a criminal defense attorney may be in your best interests. A qualified Greenwich breach of peace arrest lawyer could help you understand why you were detained, what the nature of your charges is, and how you could best go about contesting your case in and out of court.
What is Breach of Peace?
Breach of the peace is one of several offense a police officer may charge a person with if they are found or suspected of engaging in aggressive or disruptive behavior in public. Connecticut General Statutes §53a-181 specifically defines the following actions as examples of breaching the peace in the second degree:
- Fighting someone else or acting violently or in a threatening way towards them in public
- Striking another person with the intent to cause annoyance or alarm
- Threatening to commit a criminal act against another person or their property
- Posting or distributing offensive material regarding another person in a public place
- Using obscene language or gestures in public
- Creating a hazardous or offensive condition in a public place without a license to do so
If convicted of breaching the peace in the second degree, a defendant in Connecticut would face penalties commensurate with a class B misdemeanor, which could include a $1,000 fine, a six-month jail sentence, and probation. A Greenwich breach of peace arrest attorney could help anyone detained for this offense understand what punishments they are likely to face in their specific case.
Can You Contest a Breach of Peace Arrest in Greenwich?
A recent ruling by the Connecticut Supreme Court has established a couple key conditions for breach of peace arrests that may allow for new defense strategies. In State of Connecticut v. Nina Baccala, the Court clarified that the use of obscene language in and of itself is not enough to warrant an arrest for second-degree breach of the peace—this kind of language must be accompanied by a physical or verbal threat in order to qualify as a criminal act.
More specifically, profanity or offensive language must be severe enough to provoke a reasonable person to respond violently, and also be accompanied by some kind of violent or aggressive conduct that indicates an imminent threat of bodily harm. Accordingly, if these elements are not present in a case, it may be possible to contest an arrest based on those grounds.
A seasoned Greenwich Breach of Peace Lawyer could help evaluate your specific case to determine potential defenses, speak with you about your goals for the case, and begin working to reach those goals. To learn more about hiring a Connecticut breach of peace lawyer, click here.
Learn More from a Greenwich Breach of Peace Arrest Attorney
Even a misdemeanor conviction for breaching the peace could result in a steep fine, probation, and even jail time. A Greenwich breach of peace arrest lawyer could offer guidance about every aspect of your case and help you pursue a positive resolution to it. Check out our hundreds of 5-star reviews on Avvo.com, and call us today to schedule a consultation,