What is a Breach of Peace Charge?

Have you recently been accused of breach of peace in Connecticut?

Not sure what this means and whether or not you need a criminal defense attorney? A person can be charged with breach of peace under Connecticut law without realizing the full extent of the allegations.

The first question that you must immediately ask is to what degree you are being charged – first or second degree. The degree of the alleged charge will have a significant impact upon the elements that must be proven by the State, as well as the possible penalties and fines the defendant could face upon conviction.

Breach of peace in the first degree in Connecticut is a class D felony, and carries a maximum penalty of 5 years in jail and/or a $5,000 fine. The offense occurs when a person 1) intends to cause inconvenience, annoyance, or alarm, or 2) recklessly creates a risk of causing inconvenience, annoyance, or alarm, 3) by placing a non-functional imitation of an explosive or incendiary device, or an imitation of a hazardous substance, in a public place or in a place likely to be discovered by another person.

Breach of peace in the first degree is the more serious offense, but it is not commonly charged. It is much more common for a person in Connecticut to be charged with breach of peace in the second degree.

Breach of peace in the second degree in Connecticut is a class B misdemeanor, and carries a maximum penalty of 6 months in jail and/or a $1,000 fine. This offense occurs when a person 1) intends to cause inconvenience, annoyance, or alarm, or 2) recklessly creates a risk of causing inconvenience, annoyance, or alarm, by

engaging in fighting or in violent, tumultuous, or threatening behavior in a public place;
assaulting or striking another;
threatening to commit any crime against another person or their property;
publicly exhibiting, distributing, or posting, or advertising any offensive, indecent, or abusive matter concerning any person;
using abusive or obscene language or gestures in a public place; or
creating a public and hazardous or physically offensive condition by any act that one is not licensed or privileged to do.

As you can see, the crime is broadly worded, and easily violated. If you find yourself accused of breach of peace in the first or second degree in Connecticut, time is of the essence. You definitely should retain a lawyer to analyze your case, protect your rights, and prepare your best defense. Contact J. Christopher Llinas for help today.

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Christopher Llinas

J. Christopher Llinas is a Connecticut criminal defense and immigration attorney with over 25 years of legal experience. He is the founder of Iron Chris Criminal Defense & Immigration, based in Middletown, CT. Chris earned his J.D. from Franklin Pierce Law Center (now the University of New Hampshire School of Law) in 1997 and holds a B.A., magna cum laude, in English from Salisbury University. During law school he served as a teaching assistant for Civil Procedure and Constitutional Law, and competed in moot court and trial advocacy programs. He began his legal career as an Assistant Public Defender, defending clients in felony, misdemeanor, and traffic matters. He later served as an Assistant State's Attorney, prosecuting criminal and traffic cases — giving him a firsthand understanding of how the prosecution builds its case. He has also served as a law clerk, legal aid attorney, and in-house corporate counsel before dedicating his practice to criminal defense and immigration. Chris is admitted to practice in Connecticut, Maryland, the U.S. District Court, and the U.S. Court of Appeals. He is a member of the Connecticut Criminal Defense Lawyers Association, the National Association of Criminal Defense Lawyers (NACDL), the National College of DUI Defense (NCDD), and the American Immigration Lawyers Association (AILA). His practice covers DUI and OUI defense, drug charges, weapons charges, violent crimes, juvenile matters, probation violations, federal criminal defense, and immigration removal proceedings throughout Connecticut.