New Orleans Disturbing the Peace Attorney
While New Orleans might have a reputation as a city that welcomes loud behavior, disturbing the peace is a crime and, like any crime, a conviction can have serious consequences. Elizabeth B. Carpenter, a disturbing the peace attorney in New Orleans, has extensive experience representing people who have been accused of this crime. This is especially true for people who were visiting New Orleans from out of town. If you have been charged with disturbing the peace, Ms. Carpenter will appear in court for you and minimize the time you spend dealing with the charges. Here goal is to help you avoid a conviction and protect your good name and reputation.
In it’s most basic context, disturbing the peace in Louisiana is an act that is likely to distress, anger, or disturb other people or public tranquility and order. This offense is a misdemeanor under both State and Municipal laws that carries a penalty of a fine up to $100.00 plus court costs and/or up to 90 days in jail, except in cases involving picketing a funeral or inciting a riot where the penalty is a fine up to $500.00 plus court costs and/or up to 6 months in jail.
If you have been cited or arrested for disturbing the peace in New Orleans you should contact a local criminal defense attorney. Even though this offense is just a misdemeanor, it can still leave a black mark on your record for years to come. Attorney Elizabeth B. Carpenter has represented countless people, especially tourists who have been charged with disorderly conduct / disturbing the peace in the French Quarter.
Disturbing the Peace in Louisiana
Although actions that constitute disturbing the peace vary, they have one thing in common – the accused is caught creating a scene in public. Disturbing the peace is defined as the commission of any of the following acts in a manner that would foreseeably disturb or alarm the public:
1. Appearing in an intoxicated condition
2. Addressing a person with derisive or offensive words
3. Engaging in a fist fight
4. Engaging in a violent act with three or more persons
5. Interrupting a lawful assembly of people
6. Inciting a riot
7. Disrupting a funeral / Funeral picketing
8. Excessive noise
9. Cursing in public
Defense to Disturbing the Peace
In order to convict you of disturbing the peace, the prosecutor must prove that you were acting purposefully and with malicious intent. In addition, they must share compelling evidence that your behavior could have lead to public disorder or violence.
There are usually three defenses used by the offender in order to get away from liability. First, the offender will deny committing the alleged offense. Second, the offender may use self-defense or defense of others. Lastly, the offender will argue that his conduct does not fall into the enumeration of prohibited acts since it did not disturb anyone.
Some defendants have claimed that the state’s law against disturbing the peace is so broad and vague that it infringes on their federal constitutional right to free speech under the First Amendment. Generally, these challenges have not been successful. Though people are free to exercise their rights, it is not without some restrictions.
Crimes Associated with Disturbing the Peace
Depending on the circumstances of your case, there are several offenses that people are often arrested for in addition to disturbing the peace. They include, but are not limited to:
Contact: Disturbing the Peace Attorney New Orleans
If you have been charged with disturbing the peace. New Orleans criminal defense attorney, Elizabeth B. Carpenter, will try to avoid a conviction, penalties and a criminal record while resolving the criminal charges in a timely and efficient manner. Contact our office today to schedule a consultation (504) 599-5955 Available 24/7!