Westport Breach of Peace Lawyer
Police can so easily arrest you for breach of peace if they believe the crime covers an ambiguously broad set of circumstances. Although the offense can be charged as a misdemeanor rather than a felony, even the least severe breach of the peace offense may be penalized by a period of incarceration and a significant fine.
A Westport breach of peace lawyer will be able to explain available options. Contact an experienced criminal attorney about how to defend related assault offenses with a strong defense.
Second-Degree Breach of Peace Offenses
The most common breach of peace charge is the second-degree. The statute addresses the following breach of peace six scenarios:
- Fighting or participating in other violent behavior in a public place
- Without proper permits or permission, committing an act that creates a hazardous or offensive condition in a public place
- Hitting or assaulting another person
- Communicating an intent to commit a crime against another person or their property
- Communicating with abusive or obscene language or making obscene gestures in public
- Posting abusive, indecent or offensive matter concerning another individual
What is Breach of Peace in the First Degree?
While second-degree breach of peace charges in Connecticut cover a wide range of conduct, the definition of first-degree breach of the peace is much more focused. It prohibits someone from planting a fake bomb or faux hazardous substance in a public place or another place where it is likely to be discovered by others if such placement is made with the intent to annoy, alarm or inconvenience others.
Is Proving Intent Required for Conviction?
For both the misdemeanor and felony breach of the peace charges, an individual must act with the requisite intent in order to be convicted. For that reason, it is vital to for individuals to act quickly to collect and preserve evidence that can help get their charges dismissed. Those facing charges should speak with a Westport breach of peace lawyer right away.
The state of mind for a breach of the peace conviction requires an individual to act:
- With the deliberate intent to annoy or alarm another
- With the deliberate intent to cause inconvenience to another
- Recklessly in a manner that could annoy, alarm or inconvenience another
Westport Breach of Peace Arrest Penalties
The first-degree breach of the peace is considered a Class D felony and therefore carries a minimum sentence of one year of imprisonment. That term can be extended up to five years. In addition, courts may impose a fine as high as $5,000. Second-degree breach of the peace is classified as a Class B misdemeanor with a maximum term of six months incarceration and a fine of up to $1,000.
Benefit of a Westport Breach of Peace Attorney
As with any crime, a breach of peace charge is a matter of public record that can negatively impact decisions on housing, employment, credit and other aspects of life. A conviction carries far-reaching consequences. A Westport breach of peace lawyer can work with you to achieve the best possible result and minimize any negative impact on your life, both personally and professionally.