You can be charged with disturbing the peace or a similar crime, disorderly conduct, if you’re responsible for any type of disruption that seriously bothers others and is generally considered unacceptable behavior. The crime is a misdemeanor, a minor offense that’s typically punished by a fine, a short jail sentence, or both.
Defining Disturbing the Peace
Disturbing the peace is pretty much what it sounds like—doing something that disturbs others’ peaceful enjoyment of their normal lives, in public or in their own residences. Some examples of behavior that might violate the law include intentionally disturbing the peace by:
- Blasting loud music from your house or car late at night
- Using offensive language in public, in a way that’s likely to provoke a reaction from others
- Challenging someone to fight in a public place
- Fighting in a public place
- Letting your dog bark at all hours after neighbors have asked you to keep it quiet
- Blocking the passing of people into or out of a public place
- Disobeying a police officer who tells you to leave the scene of an emergency
Penalties for Disturbing the Peace
Depending on the circumstances of the incident, penalties for a disturbing the peace conviction can include:
- Fines
- Community service
- Restitution for any damage caused
- Jail time
For example, under California Penal Code section 415, disturbing the peace can be punished by up to 90 days in the county jail, a fine of up to $400, or both. In Arizona, a disorderly conduct (Ariz. Rev. Stat. section 13-2904) conviction can be punished by up to six months in jail, a fine of up to $2,500, and probation.
If someone has a gun and is involved in an incident of disorderly conduct—for example, brandishes a gun in public--the charge could be a felony. Felonies are punished much more severely than are misdemeanors, and a conviction has a more serious effect on the offender’s ability to get a job, credit, or housing later.
The circumstances of the crime play a big role in determining the punishment. If the charge stemmed from simple noisiness, a judge may impose just the minimum fine. If there are multiple complaints or if more serious aspects to the charge, the judge may impose the maximum fine, community service hours and possibly anger management or other classes. An offender who endangered others with his or her conduct will probably spend some time in jail.
Getting a Lawyer’s Help If You’re Charged With Disturbing the Peace
Disturbing the peace isn’t a serious crime—but having any kind of criminal record can have serious consequences for many years when it comes to your ability to get a job, rent a place to live, or get a loan. It’s a good idea to talk to criminal defense attorney who has experience with how minor charges, disturbing the peace, are handled by your local court.
Disturbing the peace and disorderly conduct are vague crimes—it isn’t always clear when rowdy behavior crosses the line into something criminal. As a result, a lawyer who makes a good argument that bad behavior didn’t really violate the law may be able to get charges dropped or, if there is a conviction, get a light sentence.
