New Canaan Breach of Peace Lawyer
A breach of the peace arrest in New Canaan can arise from a variety of circumstances. While some of these situations might involve a concern for safety, others are simply a matter of public nuisance. Swearing in public or playing loud music can be enough to trigger a breach of peace – second-degree charge.
Whatever the cause, however, the charge must be taken seriously. A New Canaan arrest for breach of the peace becomes a matter of public record, and a conviction carries serious penalties in addition to the stigma of a permanent criminal record.
If you are facing this charge, consult with New Canaan breach of peace attorneys who regularly fight breach of peace charges to learn the implications of the situation and gain guidance how to proceed to minimize the consequences. A skilled defense lawyer with experience in these cases can help you fight your charges.
Felony vs. Misdemeanor Offenses
Connecticut statutes set forth two separate offenses, referred to a “breach of the peace,” one of which is a felony and the other a misdemeanor. Breach of the peace in the second degree is a Class B misdemeanor punishable by up to six months in jail and a fine of up to $1,000.
Breach of the peace in the first degree is more serious. The first-degree offense is a Class D felony. Those convicted of violations face imprisonment for up to at least one year and as many as five, in addition to a fine of up to $5,000.
Fighting an Arrest
There are six categories of behavior that can constitute breach of the peace in New Canaan. Each of these scenarios must be committed with the intent of causing “inconvenience, annoyance or alarm” or with reckless indifference to creating those conditions to constitute a violation.
An individual who acts with such intent or indifference is guilty of breach of the peace in the second degree when they:
- Participate in violent or threatening behavior in a public place
- Assault another individual
- Make a threat to commit a crime against a person or their property
- Publicly post material about another that is “offensive, indecent or abusive”
- Use obscene language or gestures in public
- Create a hazardous or offensive condition in public without authorization
For the purposes of this offense, a “public place” is any location offered for use by the public, regardless of whether it is owned by public or private interests.
Felony Arrests for Breach of the Peace
In contrast to the second-degree offense, first-degree breach of the peace involves a much narrower range of circumstances. An individual commits the first-degree offense by placing an imitation explosive device or faux hazardous substance in a place that is either public or likely to be discovered by another.
The action must be taken with the same intent to cause “inconvenience, annoyance, alarm, or recklessness” as for second-degree breach of the peace.
Contacting a New Canaan Breach of Peace Lawyer
If you have been arrested or ticketed in New Canaan, Connecticut for breach of peace, you will be required to report to Norwalk Superior Court within 7 to 10 business days. Do not go it alone—get in front of your case and contact a New Canaan breach of peace lawyer today.
To prove an individual has committed either version of breach of the peace, the prosecutor must show that the individual either intended to cause alarm or acted with sufficient recklessness to warrant a violation. This state of mind is established in court using direct and circumstantial evidence. As any New Canaan defense lawyers know, it is an extremely easy case for Norwalk prosecutors to make against someone.
New Canaan breach of peach lawyers will immediately know how to present the facts in the light most favorable to the individual charged. They know the most effective defense strategies and what kind of evidence and mitigation packages the courts want to have in hand if they are to show leniency and drop your charges. If you have been accused of breach of the peace, let a New Canaan attorney advise you on the best course of action and help you work toward the optimum resolution of your case.