Stamford Breach of Peace Lawyer
As a Stamford breach of peace lawyer will tell you, there are two different breach of peace crimes in Connecticut. Breach of peace is treated as a Class D felony with penalties that include a minimum term of one-year imprisonment which can extend to up to five years. Moreover, courts may impose a fine of up to $5,000.
Second-degree breach of peace, the more commonly charged breach of peace crime in Connecticut, is classified as a Class B misdemeanor. Although not as severe, the penalties for Second Degree Breach of Peace include as much as six months in jail and a fine as high as $1,000. Should you find yourself facing either of these accusations, contact an experienced Stamford criminal defense lawyer right away.
Causes of Second-Degree Breach of Peace Offenses
It is an overly broad and subjective criminal law. There are six scenarios that can constitute breach of the peace in the second degree. To be considered a crime, these actions must be made either with the intent to annoy, alarm or inconvenience someone else, or they must be done with reckless indifference as to the likelihood of causing annoyance, alarm or inconvenience.
If you act with intent or reckless indifference, the conduct will be considered breach of the peace in the second degree when the individual:
- Participates in violent or threatening conduct in public
- Assaults or strikes another person
- Threatens to commit a crime against another person or their property
- Posts material about another person which is offensive, indecent or abusive
- Uses obscene gestures or language in public
- Creates a hazardous or offensive condition in public
Is Breach of Peace a Felony?
The breach of peace first-degree felony version of this offense only arises in a single situation. An individual can get arrested for breach of peace in the first degree if they place a fake bomb or imitation hazardous substance in a public location or place where it is likely to be discovered by others.
Just as with second-degree breach of the peace, an individual must be acting with the intent to annoy, alarm or inconvenience or indifference as to doing so in order for the conduct to constitute a violation.
Preserving Video and Messaging Evidence
In order to establish that an individual is guilty of a breach of the peace offense, the court must be convinced that an individual acted either with deliberate intent to alarm or annoy others or acted recklessly. Evidence such as text message, video surveillance recordings, and social media messaging can establish the state of mind or the lack thereof, so make sure a Stamford breach of peace lawyer files a motion with the court to preserve this evidence if it is going to be helpful.
Consulting with a Stamford Breach of Peace Attorney
All breach of peace arrests report to Norwalk Superior Court, located at 17 Belden Avenue in Norwalk. Depending on your criminal history, age, and the accusations made against you, prosecutors may suggest using the Accelerated Rehabilitation Program to resolve your case. Before committing to this defense strategy, you should consult a Stamford breach of peace lawyer.