10 Nov 2023
Criminal Defense,Harassment
Disturbing the peace is a criminal offense that can cover a wide range of behaviors, from being publicly intoxicated to harassing people in public. The range of punishments is just as vague as the definition.
In general, disturbing the peace involves any act that causes or intends to cause public disturbance, alarm, or inconvenience. These acts are often considered to be minor offenses and are typically handled at the local level. However, they can still result in serious consequences for those who are charged and convicted.
If you have been charged with disturbing the peace, talk to the disorderly conduct attorneys at Lermitte & Lubin, LLC as soon as possible.
Examples of Disturbing the Peace
There is no specific list of actions that are considered to be “disturbing the peace” in Pennsylvania. Instead, it is up to the discretion of law enforcement officers and judges to determine whether your behavior crosses the line into criminal territory. Some common examples of include:- Loud and disruptive noises, such as blaring music or yelling in public places
- Fighting or engaging in violent behavior that causes fear or alarm to others
- Reckless driving or other dangerous activities that put the public at risk
- Excessive honking, especially late at night
- Disturbing a neighborhood by walking barking dogs or other animals
- Public intoxication or other disorderly conduct that causes a disturbance
Legal Defenses for Disturbing the Peace
If you have been charged with disturbing the peace in Pennsylvania, several legal defenses may be available to you. These include:- Lack of intent: If your behavior was not intentionally meant to cause a disturbance, it may not be considered a crime.
- Freedom of speech: In certain cases, some behaviors that may be seen as disturbing the peace can be protected under the First Amendment right to freedom of speech.
- Necessity: If you can prove that your actions were necessary to prevent harm or danger, it may be considered a valid defense.
- Insufficient evidence: Prosecutors must prove beyond a reasonable doubt that you committed the act in question. If there is not enough evidence to support the charge, it may be dismissed.