Wilton Breach of Peace Lawyer
If you face breach of peace charges, consider reaching out to a top Wilton breach of peace lawyer to learn how to protect your rights. A determined assault attorney could help you figure out how to fight the charges you face.
What Constitutes Breach of Peace Under Connecticut Law?
Under Connecticut General Statutes § 53a-181, breach of peace charges can cover a variety of conduct seen every day in Wilton, Connecticut. The first element requires some sort of intent to cause inconvenience, alarm, or annoyance to another person. The second element required is that acting with such intent you:
- Use obscene gestures or language in public
- Hit or assault another person
- Publicly post abusive or indecent material about someone
- Fight or engage in threatening behavior in public
- Threaten to commit a crime against someone else
- Create a public hazard without a license
As can be imagined, simple activities such as arguing in a shopping mall or holding a demonstration in a park may violate this statute.
Is a Breach of Peace a Misdemeanor or Felony?
Breach of peace summons and arrests could be a misdemeanor or a felony. Connecticut penal code defines two different offenses, referred to as first and second-degree.
First-Degree Breach of Peace
A person is guilty of breach of peace in the first degree when with the intent to cause annoyance or alarm, they place a fake explosive device or a hazardous substance in a place likely to be discovered by another person. This crime is much less common and is taken much more seriously by the Wilton Police and the prosecutors at Norwalk Superior Court. Breach of peace in the first-degree, under CGS 53a-180aa, is a Class D felony with a maximum sentence of five years.
Breach of Peace in the Second Degree
The more commonly charged crime in Wilton is an arrest for second-degree breach of the peace under CGS 53a-181. Breach of peace in the second degree is a class B misdemeanor offense which can result in up to 6 months in jail, probation, and fines of up to $1,000. Even though it may not seem serious at the outset, a guilty plea for breach of peace can leave you with a misdemeanor criminal record that can have lasting effects of your life both personally and professionally.
Talking to a Wilton Breach of Peace Attorney
Because this is a common charge, you may think it is not necessary to talk to a lawyer, especially when you are just handed a misdemeanor summons and complaint ticket. But facing a criminal charge alone in Norwalk Superior Court (where all Wilton Breach of Peace cases are adjudicated) is difficult and can be unwise. While a breach of peace charge may not seem like the most serious allegation you could possibly face, any convictions may carry consequences that may significantly impact your life, especially when the charges may result in imprisonment.
A Wilton breach of peace lawyer could explain the charges, describe the legal procedures involved, and discuss your options to help formulate the best plan for success. As your advocate, a top criminal defense lawyer could fight on your behalf to bring about the best possible outcome.