Norwalk Breach of Peace Lawyer
If you were arrested for breach of peace, consider seeking help from a top criminal defense attorney. A Norwalk breach of peace lawyer could help protect your rights.
What is Breach of Peace in the First Degree?
Under Connecticut General Statutes (C.G.S.) § 53a-180aa, breach of the peace in the first degree occurs when individuals place a fake or non-functional explosive, combustible device, or dangerous substance in a public place in which others are likely to discover it. To be guilty, you also must either 1) intend to cause public inconvenience, annoyance, or alarm, or 2) recklessly create a risk of inconvenience, annoyance, or alarm.
Under this section, a hazardous substance is anything that may cause or substantially contribute to decreased mortality or a severe or incapacitating illness. A dangerous substance also is one that may pose a hazard to human health.
Some examples of first-degree breach of peace may include:
- Placing an item that looks like a bomb in a public playground area
- Leaving a substance in a public place that appears to be an illegal drug
- Placing an object resembling a pipe bomb in a school
What is Second-Degree Breach of the Peace in Norwalk, CT?
Under C.G.S. § 53a-181, breach of the peace in the second degree occurs when individuals act in the following manner with the intent to cause or reckless disregard to causing inconvenience, annoyance, or alarm:
- Fighting or acting in a threatening manner in public
- Striking or otherwise assaulting others
- Threatening to commit crimes
- Displaying or advertising materials that are obscene or abusive
Second-degree breach of the peace also may exist when individuals curse or make obscene gestures in public. Yet another example of second-degree breach of peace may occur when individuals illegally take any action to create a hazardous or offensive condition in a public place.
How can a Norwalk Breach of Peace Attorney Help Me?
Intent or recklessness must be proven for both breach of peace in the first degree and breach of peace in the second degree. These mental states are difficult to prove and a Norwalk breach of peace lawyer can argue that your conduct did not rise to the level of intentional action or recklessness.
What are the Penalties for Breach of the Peace?
Breach of the peace in the first degree is a Class D felony and it carries the potential for up to one year in jail and a fine of up to $5,000. A felony conviction can also have collateral consequences, including loss of some civil rights and an inability to pursue specific careers or hold certain jobs.
Second-degree breach of the peace is a Class B misdemeanor. A Class B misdemeanor conviction can result in up to six months in jail and a fine of up to $1,000.
Contact a Norwalk Breach of Peace Attorney Today
A conviction breach of peace can have a serious negative impact on your life. It creates a criminal record that individuals typically must disclose on applications for jobs, higher education, housing, and credit, which can be highly damaging. Getting the advice of a Norwalk breach of peace lawyer when facing these criminal charges can be instrumental to avoiding or minimizing some of these potential consequences. For more information on how, call Mark Sherman Law to schedule a consultation.