A common misdemeanor charge that happens a lot in Michigan courtrooms is Disturbing Peace. The constitution of Michigan allows people the right to gather in public places peacefully. If you engage in an action that breaches the peace, you could face criminal prosecution and arrest.
If you are facing a charge for disturbing the peace, you need to take this misdemeanor charge seriously and work with a five-star rated lawyer to get you the best results possible. Prosecutors love it when a person comes to court to face criminal charges without a lawyer! Do not make that mistake if you are charged with a crime that carries with it detrimental penalties.
Breaches of Peace Under Michigan Law
This law is considered a “catch-all” statue through out Michigan courts. This law makes it illegal to create disorder in a public space by the actions of a person. The goal of this law is to punish noisy and loud actions that are listed under the Disturbing the Peace Law. Under MCL 750.170, “Any person who shall make or excite any disturbance or contention in any tavern, store or grocery, manufacturing establishment or any other business place or in any street, lane, alley, highway, public building, grounds or park, or at any election or other public meeting where citizens are peaceably and lawfully assembled, shall be guilty of a misdemeanor.”
The penalty for disturbing the peace is up to 93 days in jail and a fine of up to $500.00 or both. There can also be consequences to a person’s ability to hold and find a job. A misdemeanor criminal conviction will appear on your record. A company that requires a criminal background check be done on potential employees may not hire someone with a conviction for disturbing the peace. Because of these types of punishments, a person always needs to hire a five-star rated criminal defense attorney to represent them in court.
Actions that Can Result In a Charge of Disturbing The Peace
Here are some common examples of actions that result in a person being charged for a breach of the peace:
- Cursing
- Yelling
- Public Drunkenness
- Starting a Fight
- Playing loud music
- Getting tangled up in a fight that has already started
- Driving around in a vehicle with loud music playing or in a way that annoys people.
Legal Requirements for a Disturbing The Peace Charge
There have been many challenges to breaches of peace laws across the United States. The main reason for this is because the words “contention” and “disturbance” can in many cases conflict with assembly rights and free speech. Both federal and state courts have attacked these laws for pitfalls in violating free speech and assembly rights.
In Leonard v. Robinson, The Sixth Circuit Court of Appeals held that “no reasonable officer would have found probable cause to arrest [the plaintiff] solely for uttering “goddamn” while addressing the township board because the First Amendment protects this sort of uninhibited debate…”.
The Michigan court of Appeals has also found language in the disturbing the peace statue to be unconstitutional. In People v Purifoy, 34 Mich App 318; 191 NW2d 63 (1971), a defendant was convicted of breaching the peace when he threw rocks at law enforcement officers. The defendant challenged the conviction on appeal because he claimed the language “excite any contention” criminalizes conduct that can cause violent and strong opposition from other people. The Michigan Court of Appeals agreed. Calling the law excite any contention unconstitutionally vague. The Michigan Supreme Court upheld this decision.
How a Michigan Breach of Peace Attorney Could Fight for You
If you are facing allegations or charges of disturbing the peace, you need to find a lawyer who knows how to get results. Attorney Shawn Haff has a history and track record of getting results! Do not wait till you are charged or convicted to hire Shawn! The sooner he can get to work on your case the better off you will be! While a breach of the peace charge is a misdemeanor, please take this charge very seriously. A conviction will give you a permanent criminal record. Give yourself every advantage possible when you are facing these charges to keep your record clean! Attorney Shawn Haff will give your valuable protection by protecting your rights, finding the weaknesses in the case the prosecutor is bringing against you and investigating the incident. Do not wait, Call Shawn today at 616-438-6719.