Westport Breach of Peace Lawyer
If you’ve been arrested for breach of peace in Westport, CT, contact a knowledgeable criminal attorney today. A Westport breach of Peace lawyer could help you build a credible defense.
Is Breach of Peace a Felony or Misdemeanor?
There are two different Connecticut breach of peace statutes. Breach of peace in the first degree is a class D felony. Breach of peace in the second degree is a class B misdemeanor.
What is Breach of Peace in the First Degree?
Breach of Peace in the First Degree under Connecticut General Statutes (“C.G.S.”) §53a-180aa, is a pretty uncommon charge. A person is guilty of breach of peace in the first degree when he or she intends to or recklessly creates the risk of causing inconvenience, annoyance, or alarm by placing a nonfunctional imitation of an explosive or hazardous substance in a public place where it’s likely to be found by another person.
If you have been charged with Breach of Peace in the First degree and you are convicted, you face up to 5 years in jail and / or a fine of up to $5,000.00, as well as up to 3 years probation.
What is Breach of Peace in the Second Degree?
Breach of peace in the second degree is a much more broad offense that encompasses many different types of actions. C.G.S. §53a-181 explains that a person is guilty of breach of peace in the second degree when, with intent to cause inconvenience, annoyance, or alarm, he or she:
- Assaults or hits another person;
- Publicly posts “offensive, indecent or abuse” material about another person;
- Threatens to commit a crime against someone or their property;
- Engages in public behavior considered to be “violent, tumultuous or threatening”;
- Uses obscene language or gestures in public;
- Creates a hazardous or offensive condition in public without a license.
What are the Penalties for Second-Degree Breach of Peace in CT?
The penalties for second-degree breach of peace are imprisonment for up to six months and / or a fine of up to $1,000.00 as well as the potential for a period of probation. If domestic violence is involved, the court may also impose a protective order.
Failure to comply with the terms of a court order like a protective order, can result in a felony charge.
How Can I Fight My Breach of Peace Charge?
To be convicted of breach of peace, you must have acted with a certain state of mind or recklessness. To defeat these charges, an experienced breach of peace attorney may be able to collect evidence to demonstrate that you acted with different intent. In some cases, it may be possible to show that the prosecution lacks sufficient evidence of intent or another element of the crime.
Additionally, you may be qualified to participate in a diversionary program like the Family Violence Education Program or the Accelerated Rehabilitation Program. If you are granted one of these programs and successfully complete it, your charges can be dismissed.
Contact a Westport Breach of Peace Lawyer
Regardless of the situation that led to your breach of peace charges, an experienced defense attorney can devise a credible defense strategy designed to bring about the best available result. To begin working towards a positive resolution to your domestic violence case, contact a Westport breach of peace lawyer at Mark Sherman Law today.