Weston Breach of Peace Lawyer
You might be surprised to learn how easy it can be to violate breach of the peace laws in Weston. If you are caught in the middle of an argument or physical fight that takes place in a public location, you can be arrested for breach of the peace. If you join in a peaceful political march that was organized without the proper permits, you can be arrested. A Weston breach of peace lawyer will clarify how the laws fit with the circumstances of your case and devise a strategy to achieve the optimum results. Contact a distinguished assault attorney as soon as possible.
What is Breach of Peace?
Even a common but impolite gesture at another driver on the road can be considered a breach of peace violation. While it is easy to break the law, it is not so easy to avoid the unpleasant consequences of a breach of the peace violation. Although when the offense is frequently treated as a misdemeanor, an offender may still be sentenced to an onerous fine and as much as six months in jail. That means that if someone has been charged with breach of the peace, it is vital to comprehend the charges and their implications and then embark on a course of action calculated to lead to a desired outcome.
Associated Felony Offenses
The felony version of breach of peace, termed breach of peace in the first degree, is a Class D felony in Weston, so it is punishable by between one and five years imprisonment and a fine of as much as $5,000. This crime occurs when an imitation explosive device or fake hazardous substance is placed in a public location or any location where it is likely to be found by others when the instrument is placed with the requisite intent as described above.
Common Misdemeanor Peace Violations
The misdemeanor version of breach of peace, known as breach of peace in the second degree, is a Class B felony punishable by up to six months imprisonment and a fine of up to $1,000.
In Weston, there are six different scenarios that will be considered breach of the peace in the second degree if committed with intent or reckless disregard. These scenarios are described in §53a-181 of the Connecticut code as follows:
- Engaging in a fight or other violent behavior in public
- Assaulting or striking another
- Threatening to commit any crime against another person or their property
- Publicly distributing abusive, indecent or offensive material about another
- Using abusive language or making obscene gestures in public
- Setting up a public hazardous condition without proper license or permit
Intent Behind the Action is Key
Connecticut law sets forth two separate crimes that are both referred to breach of the peace. While many of the elements of these offenses differ and they are punished with differing degrees of severity, they share one aspect in common. Both require an individual to be acting with a requisite level of intent in order to be convicted of a breach of peace violation.
To be precise, an individual must either act with the intent to cause annoyance, alarm or inconvenience to another or must act with reckless indifference regarding the possibility of annoying, alarming or inconveniencing another.
A Weston breach of peace lawyer may be able to demonstrate that although an individual committed an act that disturbed the peace, the actor was trying to minimize the effect on others and therefore the requisite intent is lacking.
Let a Weston Breach of Peace Attorney Assist You
As noted above, establishing an individual’s intent in breach of peace cases can be critical in proving a lack of violation. A knowledgeable Weston breach of peace lawyer will be able to act quickly to gather and preserve evidence demonstrating intent as well as other crucial elements. In addition, your attorney can explain the ramifications of the charges and the options going forward, and will stand by you providing counsel and serving as your advocate throughout the process