New Canaan Breach of Peace Arrest Lawyer
Like disorderly conduct, the criminal offense of “breaching the peace” can involve a lot of different actions as it is defined under Connecticut state law. With help from a seasoned New Canaan breach of peace arrest lawyer, you could better understand exactly what this offense entails and what your options are for contesting your charge in court.
When Could Someone Be Arrested for Breaching the Peace?
Connecticut state law defines two different degrees of breach of the peace, but in virtually all cases, only breach of peace in the second degree is ever classified as domestic violence. According to Connecticut General Statutes §53a-181, performing any of the following actions in a public place with the intention of bothering, alarming, or inconveniencing someone else may constitute second-degree breach of the peace:
- Assaulting or physically hitting another person
- Engaging in “tumultuous or threatening” behavior, such as fighting
- Posting material that obscenely or offensively addresses another person
- Using obscene or offensive language to threaten or aggravate someone else
- Threatening criminal harm to a person or their property
Any place that is used by the public or reserved for public use may be considered a “public place,” regardless of whether it is privately or publicly owned and operated. A New Canaan breach of peace attorney could offer further clarification about the circumstances under which someone may be charged with this offense.
What Are Some Consequences of Breach of Peace?
Second-degree breach of the peace is a class B misdemeanor, so the maximum penalties a conviction in criminal court could result in would be a fine of $1,000 and a sentence of six months in jail. However, if this offense targets a relationship partner, family member, or housemate of the alleged perpetrator, it could be classified as a domestic violence offense, allowing for additional consequences to stem from family court proceedings.
What Are the Consequences of Domestic Violence Breach of Peace?
Anyone charged with a domestic violence offense in Connecticut will almost certainly be subject to a temporary protective order. Although a breach of peace arrest lawyer in New Canaan could work to ensure a defendant only receives a partial order with minimal restrictions, judges also have the authority to forbid a defendant from occupying the same residence or workplace as a protected party, or even to forbid them from having any contact with that party whatsoever. To learn more about domestic violence protective orders, click here.
If the ensuing criminal case ends with a conviction, this order may be extended and/or expanded into a standing criminal protective order. Furthermore, if state authorities determine that a breach of peace offense indicates a risk of harm to the defendant’s minor children, the defendant may be investigated by the Connecticut Department of Children and Families, potentially resulting in them losing custody or visitation rights. To learn more about your rights during a DCF investigation, click here.
Speak with a New Canaan Breach of Peace Arrest Attorney Today
Beyond just criminal penalties, a person accused of domestic violence breach of the peace may face significant consequences in family court as well, many of which may be even more severe than the criminal sanctions that could come from a conviction. Hundreds of clients have left certified 5-star reviews at Avvo.com, you can read these reviews here. Call today to talk to a New Canaan breach of peace arrest lawyer about your case and start constructing your legal defense.