Title: What is disturbing the peace?
Headings: What is disturbing the peace?
What is disturbing the peace?
Disturbing the peace charges occur when a person infringes upon or frustrates someone else's right to peace. In most states, disturbing the peace convictions require that the person's conduct have a malicious purpose. If the disturbing the peace offense is charged as an infraction, it will not go on an individual's permanent record or show up on an employment background check.
What sort of conduct constitutes disturbing the peace?
What are some defenses to disturbing the peace charges?
What are the possible consequences of a conviction?

Content: For example, if one person starts a fight, and the other person merely defends themself, and both are placed under arrest, the one who simply defended himself in the fight will claim self-defense to overcome the charge. A First Amendment defense is used in situations where the offender admits to the conduct in question, such as offensive language in public, but is protected by his constitutional right to freedom of speech. What are the possible consequences of a conviction? If the disturbing the peace offense is charged as an infraction, it will generally not go on an individual’s permanent record, and will therefore not show up on an employment background check. However, some states charge a breach of peace offense as a misdemeanor, which will stay on an individual’s permanent criminal record, and may affect employment opportunities. Further, depending on the conduct involved, the other offenses committed with the disturbing the peace charges, and prior offenses committed by the individual, some courts have the discretion to charge the offense as either an infraction or a misdemeanor. In either case, the penalties the individual will be subject to include fines, and if the disturbance of the peace offense is charged as a misdemeanor, there may also be county jail time involved.