Disturbing the Peace

A disturbance of the peace, also known as a breach of the peace, is a criminal offense that occurs when a person engages in the form of disorderly conduct, such as fighting or threatening to fight in public, causing excessively loud noise, shouting, playing loud music, or even allowing a dog to bark for extended periods of time. When a person’s words or conduct endanger the right of others to peace and tranquility, they may be charged with a disturbance of the peace.

Disturbing the peace laws are covered by state or local ordinances. Although disturbing the peace is not considered a serious criminal offense, it is an offense punishable by imprisonment, a fine, or both.

Generally, disturbing the peace refers to words or behaviors that compromise the safety, health, morals, or general peace and tranquility of the public. Disturbing charges of peace cover a variety of conducts and often fall under the broader “catch-all” category of disorderly conduct.

1. Fighting or challenging someone to fight in a public place
2. Use offensive words in a public place likely to incite violence.
3. Shouting in a public place intending to incite violence or unlawful activity
4. Bullying a student on or near school grounds
5. Knock on the doors of sleeping customers hard to annoy them
6. Holding an unlawful public assembly
7. Shouting profanities out of a car window in front of a person’s home over an extended period of time
8. Allowing excessive dog barking in a residential area, and
9. Intentionally playing loud music overnight, even after a fair warning.

In most states, the person’s conduct must have been intentional (willful) or with malicious intent (malicious). It is not enough that a person engaged in conduct that merely annoyed, harassed, or embarrassed another person. If fighting has been involved, it must have been illegal, not in self-defense or to protect someone.

To determine guilt, a court will look at the particular circumstances of each case. Some of the factors that a judge may consider include place, time, place, words, actions, and the person who was spoken to or touched (for example, a police officer, a teacher, a student, relative, or passerby).

Common actions that do not constitute disturbing the peace may include:

• Engaging in horseplay;
• Simply embarrassing someone;
• Merely annoying someone;
• Accidentally bumping into someone;

Give someone a gesture such as a middle finger (sometimes even against a police officer).
However, if a person’s non-violent actions are likely to incite violence or public disorder, criminal liability may apply.

Disturbing the peace is a law against public disorder and chaos. Laws against disorderly behavior, such as disturbing the peace, exist to prevent people from disturbing the peace of others when they are dealing with their daily and personal affairs.

Disturbing the peace can be charged in the larger catch-all crime of disorderly conduct, which includes many other types of public disorder, or he can be charged separately, depending on the factors listed above and the laws of the state concerned.

Disturbing the peace is a misdemeanor criminal offense. A person accused of a public disorder may face jail time of up to 90 days, fines of up to $ 400, or both. In many cases, disturbing the peace is a first criminal offense, and if so, a person can serve a prison sentence if convicted.

If you, or someone you know, believe that you are the victim of disorderly conduct or loud and excessive noise or disruption, it is important to know what you can do to minimize or stop the harm you are experiencing.

If the perpetrator is a neighbor or person you know, and you do not feel physically threatened, or in potential harm, you might explain that their conduct is problematic and ask him or her to stop the behavior. If the situation escalates, you must withdraw immediately.

If the disease persists or if there is an imminent danger (such as fighting), you can contact the police and explain the situation to them. A person who disturbs the peace often receives a fair warning from the police. In most cases, police involvement may stop the disruptive behavior altogether.

If you, or someone you know, are facing or may face disturbing the peace charges, it is important to know your legal rights and defenses to minimize or avoid penalties and/or criminal charges.

Disturbing the peace is a subjective charge. This means that the police have wide discretion to apply the charge to many types of disruptive behavior. Generally, defenses to criminal charges fall into two categories: (1) “I didn’t do it”, or (2) “I did it, but I had to” (as in self-defense or reasonable defense of others). It is also possible that your actions fall under the protection of the right of the First Amendment to freedom of expression. Finally, your actions in question may simply not correspond to the type of disturbing peace prohibited by law.

Peace disorder offenses include public intoxication, disorderly conduct, indecent assault and public nuisance. Such charges may be filed of, or in addition to, disturbing the peace charges. In addition, conduct prohibited by disturbing peace laws can expose the author to civil liability in a nuisance complaint file by an injured party such as a neighbor who has been continually disturbed.

Due to the general nature of a disturbing charge, it is often included among the more serious crimes, such as prostitution, assault and battery, domestic violence or other criminal threats. Often, when a person is arrested for one of these greater offenses, they are additionally charged with the lesser offense of disturbing the peace.

Defense lawyers often use disturbing the peace as a plea bargaining tool against the more serious charges faced by their clients. Because punishment for disturbing the peace often involves little or no jail time, the lesser charge of disturbing the peace is sought after in a plea negotiation. If you have been charged with a greater criminal offense, you may ask your lawyer whether negotiating a plea bargain for disturbing the peace might benefit you.

In some cases, minor offenses such as disturbing public order are often excluded from the criminal record, professional background checks and other routine criminal activity checks. This is more common when the disturbing the peace conviction is a person’s first offense. Even so, there are some states and organizations that may require you to disclose this type of information, such as on school, government, or security applications. You should check with your local state laws to find when and how you may need to disclose past disturbing the peace charges and convictions.

Disturbing the peace is a crime against public disorder and chaos. Disturbing the peace laws cover a wide variety of behaviors and vary from state to state. Typically, behavior must be willful and with malicious intent to constitute disturbing the peace. Actions taken in reasonable defense of oneself or others do not qualify, nor do actions which constitute protected free speech.

Contact a local attorney to learn more about the specific disturbing the peace laws, and what defense(s) might apply to a specific situation.