Norwalk Breach of Peace Lawyer
Breach of the peace is a crime that is charged quite often in Norwalk. The offense can be applied to a wide range of circumstances and is often a universal crime charged by law enforcement officials when they want to diffuse a troublesome situation.
The offense may be classified as either a misdemeanor or felony, but even the least serious version of this crime may result in large fines and a term of imprisonment for up to six months. It is important to understand these charges as well as the options for handling the charges.
A Norwalk breach of peace lawyer can explain how the laws apply to your situation and help you work toward the ideal resolution of your case. Contact a distinguished assault attorney right away about your case.
Defining a Breach of Peace Offense
Second-degree breach of the peace is defined in Section 53a-181 of the Connecticut code. The statute describes six different acts that will be considered breach of the peace in the second degree if they are committed with the intent or recklessness described above.
The six actions are:
- Committing an act without permission that creates a hazardous or offensive condition in a public place
- Hitting or assaulting another person
- Threatening to commit a crime against another person or their property
- Engaging in a fight or other violent behavior in a public place
- Using abusive or obscene language or making an obscene gesture in public
- Posting offensive, indecent or abusive matter about another individual in a public place
First-degree breach of the peace covers a much narrower range of conduct. An individual will be considered guilty of breach of peace in the first degree if it is shown that the individual placed a fake explosive device or hazardous substance in a public place or other place where it is likely to be discovered by others. A public place is considered any location that is open to the public, even if it is owned by a private party.
What is the Role of Intent in Assault Cases?
Breach of the peace can refer to one of two separate crimes in Connecticut. However, both offenses share one common attribute. Both the felony and misdemeanor versions of breach of the peace require an individual to act with a certain frame of mind in order to be found guilty. Factual evidence involving words or actions that indicate an individual’s intent is crucial in a breach of peace case.
For a particular action to constitute a breach of the peace offense, the individual committing the act must either:
- Intentionally mean to annoy another
- Intentionally mean to alarm another
- Intentionally mean to cause inconvenience to another
- Recklessly act in a way that could annoy, alarm or inconvenience another
Penalties for Breach of Peace Offenses
Breach of the peace in the second degree is a Class B misdemeanor. Those convicted can face up to six months of incarceration and a fine of up to $1,000. Breach of the peace in the first degree is a Class D felony. Penalties for this offense include a minimum prison sentence of one year that could be extended up to five years and a fine of up to $5,000.
An arrest for breach of the peace becomes a matter of public record that can affect opportunities for employment, housing and more. A conviction would carry an even stronger stigma. If you have been arrested for breach of the peace, a Norwalk breach of peace lawyer can help you work toward a resolution of your case and the minimization of any negative consequences.