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.

Punishments for Disturbing the Peace

In Pennsylvania, disturbing the peace is typically classified as a summary offense or a misdemeanor. This means that punishment can range from fines and community service to potential jail time, depending on the severity of the offense and your criminal history. For example, a first offense where no one was hurt and your arrest wasn’t resisted may result in a fine of up to $300 and/or up to 90 days in jail. Subsequent offenses may carry steeper penalties. In addition to legal consequences, being charged with disturbing the peace can also have other impacts on your life. It can show up on background checks, affect employment opportunities, and damage your reputation in the community. It is important to take these charges seriously and seek legal counsel if you are facing them.

Contact the Criminal Defense Attorneys at Lermitte & Lubin, LLC

It may seem like a minor offense, but it can have serious consequences for those who are charged and convicted. It is important to understand what actions can be considered disturbing the peace in Pennsylvania, the potential legal defenses, and the punishments that may follow. If you have been charged, contact the disorderly conduct attorneys at Lermitte & Lubin, LLC immediately so we can begin building your defense.

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