Breach of the peace, commonly referred to as “disturbing the peace” is a misdemeanor that takes place when someone is behaving in an unruly manner in a public place. Disturbing the peace can include actions such as playing extremely loud music or fighting with others. If you are charged with disturbing the peace in Florida, here are some things you should know to create a solid misdemeanor criminal defense.
What is classified as disturbing the peace?
There are certain Florida laws in place to keep people from causing a public commotion. The laws are slightly different in other states, but most laws pertaining to this misdemeanor indicate that individuals are discouraged from challenging or fighting someone in a public space or using inflammatory language in an attempt to incite harm or violence. Bullying, knocking loudly on public or private buildings for the purpose of aggravating others, shouting obscenities for extended periods of time, and purposely playing loud music for hours at a time can fall under the “disturbing the peace” umbrella as well.
Determining guilt for disturbing the peace
If you need a misdemeanor criminal defense for disturbing the peace in your area, the courts will review the circumstances and consider the actions you engaged in along with the time and place of the incident and the other people involved.
It is important to note that simply annoying or embarrassing someone in public does not constitute as a breach of peace. Horseplay with friends and relatives or accidentally bumping into another individual also do not count as disturbing the peace.
Since disturbing the peace is considered a misdemeanor, you could face community service for a specific number of hours. You may also be required to pay a fine or serve jail time depending on the nature of the situation.