New Canaan Breach of Peace Lawyer
If you were arrested in New Canaan, Connecticut for breach of peace, a criminal defense lawyer could advise you about your options and help you proceed with a case-specific strategy for defense. Working with an experienced New Canaan breach of peace lawyer could allow you to protect your record and your future.
Is Intent a Factor in Breach of Peace Charges?
Yes. There are two degrees of breach of peace in Connecticut. While the conduct that constitutes a violation is substantially different for each, they share one element in common- the mental state required.
For someone to be guilty of either first- or second-degree breach of the peace, they must intend to cause inconvenience, annoyance or alarm or “recklessly” create a risk of the same.
A New Canaan breach of peace lawyer may be able to demonstrate that the defendant lacked the requisite state of mind and therefore did not violate the statute.
What Conduct is Considered Second-Degree Breach of Peace?
A person may be convicted for breach of peace in the second degree in a wide range of circumstances, some of which are seen every day on the streets on New Canaan. For instance, under Connecticut General Statutes (C.G.S.) §53a-181(5), someone acting with intent to cause inconvenience, alarm, or annoyance may be guilty of breach of peace if they use obscene language or make obscene gestures in public. Many times, breach of peace is seen in conjunction with other charges like assault, or interfering with police.
What are the Penalties for Breach of Peace in the Second-Degree?
Breach of peace in the second-degree is a class B misdemeanor punishable by up to 6 months in jail, a fine of up to $1,000.00, and/or a period of up to 1-year probation.
What is Breach of the Peace in the First Degree?
Breach of peace in the first degree occurs in much more specific circumstances. If someone places a fake explosive device or non-functioning hazard in a public place while acting with the intent to cause alarm or annoyance, then they can be convicted of first-degree breach of peace.
What are the Penalties for First-Degree Breach of Peace?
Breach of peace in the first-degree is a Class D felony, punishable by up to 5 years in jail, up to a $5,000.00 fine, and/or up to 3-years probation.
Work with a New Canaan Breach of Peace Lawyer
A criminal conviction could interfere with your professional opportunities for years to come. Fortunately, a New Canaan breach of peace lawyer can fight to keep your record clean. To schedule a consultation and learn how a lawyer can help, call Mark Sherman Law.