Darien Breach of Peace Lawyer
Arrests in Darien, Connecticut for breach of peace in the second-degree are common because this offense encompasses a wide range of circumstances, many of which are quite ordinary. Shouting in public, getting caught up in a shoving match, or simply participating in a protest march, can all lead to an arrest for a breach of the peace charge.
The potential consequences of a Darien arrest are serious. The charge itself, as well as any resulting conviction, become a matter of public record that can be viewed by future employers, landlords, credit officers and others.
If you have been arrested for breach of the peace in the second-degree under C.G.S. § 53a-181, then you will want to work with a Darien breach of peace lawyer who can advise you of the immediate steps to take to achieve the best possible outcome based on your case. Work with a qualified family violence attorney and know that you are in good hands.
Defining a Second-Degree Breach Offense
Conduct that can be considered breach of peace in the second-degree. To get arrested in Darien for breach of peace, the accused individual must either act with intent to cause inconvenience, annoyance or alarm or must act with reckless indifference as to whether these actions have such an effect.
If an individual acts recklessly or deliberately with the intent to annoy, frighten or bother others, the actions can be considered a second-degree breach of peace if they consist of any of the following:
- Creating a hazardous or offensive condition in public without permission
- Using obscene gestures or language in public
- Distributing or posting offensive, indecent or abusive information about another
- Assaulting or hitting another person
- Threatening to commit a crime against another person or property
- Engaging in a fight or similarly threatening behavior in public
A public place refers to any location open to use by the public, regardless of whether it is owned by a public or private entity.
What is the Difference from a First-Degree Offense?
While a variety of circumstances can constitute breach of peace in the second degree, to get arrested for first-degree breach of peace under C.G.S. § 53a-180aa, police must accuse a person of placing a fake bomb or hazardous substance in a place where it is likely to be found by others, which includes public places. The individual committing the act must be acting the same intent or reckless indifference as for breach of peace in the second-degree. A qualified breach of peace attorney can try to disprove intent in an individual’s case.
Penalties for Breach of Peace in Connecticut
The Connecticut penal code defines two different offenses as breach of the peace. Breach of peace in the second-degree is the less serious and is treated as a Class B misdemeanor punishable by imprisonment for up to six months as well as a fine of up to $1,000.
By contrast, breach of peace in the first-degree is a Class D felony offense. As such, the crime carries a minimum period of incarceration of one year with a maximum of five years. In addition, a fine of up to $5,000 may be imposed. A skilled Darien breach of peace lawyer can attempt to mitigate the penalties that an individual may face.
Necessity of an Attorney
The necessity of a Darien breach of peace lawyer cannot be emphasized enough. Because the intent of the individual is such a crucial element in a case involving breach of the peace, the statements, and conduct of that individual are important in determining the outcome of the case. That is why digital surveillance evidence, and social media evidence, must be collected as soon as possible, preserved properly, and then presented in the best light possible to lead to a favorable result.
If you are facing breach of peace charges, consult a Darien breach of peace attorney who can explain the procedure and how courts apply the laws to situations similar to yours. Work with a capable lawyer who can work to build the best possible defense for your case.