Disturbing The Peace

Disturbing the peace, often referred to as breach of peace, is a legal charge that encompasses various actions considered to disrupt public order or tranquility. In Colorado, like in many other jurisdictions, this charge can cover a wide range of behaviors, from playing excessively loud music to engaging in a physical altercation in a public place.

Here we discuss what constitutes disturbing the peace in Colorado, and this can vary slightly from one locale to another within the state. This discussion will outline the general aspects of disturbing the peace charges in Colorado, including the legal framework, common offenses, potential defenses, and typical penalties.

Legal Framework

In Colorado, disturbing the peace is primarily governed by Colorado Revised Statutes (C.R.S.) as well as municipal codes. The state statute provides a broad outline, which local ordinances might further detail to address specific community concerns. Generally, the charge falls under misdemeanors or petty offenses, depending on the severity of the conduct.

Common Offenses

The following are examples of actions that could lead to charges of disturbing the peace in Colorado:

• Excessive Noise: This can include playing music loudly, revving engines, or any other noise that exceeds local sound level guidelines, especially during night hours.
• Fighting: Engaging in physical fights or brawls in public places.
• Disruptive Behavior: Actions that intentionally disrupt, obstruct, or interfere with lawful activities, meetings, or gatherings. This can include shouting during a public event, causing a scene in a public place, or any behavior that significantly disturbs public order.
• Threatening Behavior: Making threats or engaging in intimidation tactics that disturb the peace and quiet of individuals or the general public.

Penalties

Penalties for disturbing the peace in Colorado can vary based on the severity of the offense, prior criminal history, and other circumstances surrounding the incident. Generally, these offenses are classified as petty offenses or misdemeanors. Penalties can include:

• Fines: These can range from relatively small amounts for petty offenses to more significant sums for misdemeanors.
• Imprisonment: While less common for first-time offenders of minor disturbances, jail time can be a consequence, especially for more severe actions or repeat offenses.
• Community Service: Courts may also mandate community service as part of the penalty or in lieu of other penalties.
• Probation: Probation is another possible outcome, which might include conditions like attending anger management classes or avoiding certain locations.

Potential Defenses

Defenses against a charge of disturbing the peace can vary based on the specifics of the case. Common defenses include:

• Lack of Intent: Demonstrating that the defendant did not intend to disturb the peace or was unaware that their actions were causing a disturbance.
• First Amendment Rights: Arguing that the behavior in question was protected by the First Amendment, such as peaceful assembly or free speech. However, this defense has limitations, especially when the behavior crosses into unlawful territory.
• Self-Defense: If the disturbance involved a physical altercation, one might argue self-defense if they believed they were in immediate danger and their response was proportional to the threat.

Defense For Disturbing The Peace Charges

Disturbing the peace charges in Colorado cover a range of behaviors that disrupt public order. These charges can have significant legal consequences, including fines, jail time, and other penalties. The specifics of the law can vary by jurisdiction within the state, so it is crucial for individuals facing such charges to consult with legal counsel familiar with local laws.

If you have been charged with disturbing the peace, give The Law Office Of Jeremy Loew a call today. We can help you.