Connecticut Breach of Peace Lawyer
Many people are surprised to learn how easy it is to get arrested in Connecticut for breach of the peace under CGS 53a-181. Actions as common as playing loud music or swearing in public can be considered criminal offenses.
Whether it is a situation that causes concern for public safety or simply a nuisance, these charges can have serious consequences. A breach of peace charge becomes a matter of public record, your arrest and mug shot are published on the internet, and a conviction carries penalties that include incarceration, fines, and the social stigma of a criminal conviction record.
Any of the best Connecticut breach of peace lawyers can work with you and your family to avoid these consequences. A qualified assault attorney could help you achieve an optimal result based on the circumstances of your case.
What is the Definition of Breach of Peace?
Connecticut penal law defines two different versions of breach of the peace, one prosecuted as a felony and the other as a misdemeanor. First-degree breach of the peace under CGS 53a-180aa is classified as a Class D felony and as such, a violation is punishable by imprisonment for a minimum of one year with a maximum sentence of five years. In addition, those convicted may be fined an amount up to $5,000.
While not as serious, the penalties for second-degree breach of the peace under CGS 53a-181 are still substantial. This crime is a Class B misdemeanor and can result in a jail sentence of up to six months and a fine as high as $1,000. A Connecticut lawyer can attempt to mitigate the penalties that an individual may face following breach of peace charges.
Fighting Breach of Peace Second-Degree Charges
CGS 53a-181(a) of the Connecticut code describes six types of scenarios that can get a person arrested for breach of the peace in the second-degree:
- Fighting or engaging in violent or threatening conduct in public
- Assaulting or striking buy antibiotics without perscription another individual
- Threatening to commit a crime against another person or their property
- Posting or distributing matter concerning another which is offensive, indecent or abusive
- Using obscene gestures or language in public
- Creating a hazardous or offensive condition in public
It should be noted that in order to constitute a crime, the actions must either be undertaken with a deliberate intent to cause inconvenience, annoyance or alarm or with reckless indifference as to whether the actions would inconvenience, annoy or alarm others. A public place for purposes of this statute includes any space that is open for use by the public, even if it is owned by a private individual or company. An attorney in Connecticut could help someone who is facing charges for breaching the peace in the second-degree.
What Constitutes First-Degree Breach of Peace Charges?
Breach of peace in the first-degree encompasses a much more narrow range of circumstances. According to the definition of Connecticut breach of peace law, CGS 53a-180aa specifies that an individual can be arrested for first degree breach of the peace if they are suspected of placing an imitation hazardous substance or explosive device in a place that is likely to be discovered by another, and if the placing of such material is undertaken with the intent to inconvenience, harass or annoy others.
Contacting a Connecticut Breach of Peace Attorney
Before you can be found guilty of violating breach of peace laws, prosecutors must prove that you either intended to cause inconvenience, annoyance or alarm or acted with reckless indifference. Factual evidence is used in court to demonstrate this state of mind.
A Connecticut breach of peace lawyer may be well-versed in the most effective (and cost-effective) defense strategies for fighting beach of peace charges. They can sit with your and your family, walk you through your options, and work with you toward the best possible result based on the individual facts of your case. Get an aggressive and experienced attorney working for you right away.