Disturbing the Peace Defense
Have you been cited for disturbing the peace?
Disturbing the peace in Louisiana means an act which violates the public order or disturbs public peace. It can also be described as disorderly conduct. This offense is a misdemeanor punishable by up to 90 days in jail or a $100.00 fine, or both.
If you have been cited or arrested for disturbing the peace while visiting 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 many people, especially tourists who have been charged with disorderly conduct in the French Quarter. In some cases, she has successfully won a dismissal of all charges.
What Is Disturbing the Peace in New Orleans?
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
Disturbing the Peace by Excessive Noise
It is also considered disturbing the peace when a person plays loud music which is louder than 85 decibels. This law applies to playing car radios and car stereos and applies to situations where the noise is made in a public park or a public street. This type of disturbing the peace offense is usually called the crime of “excessive noise.” It is also a crime in Louisiana to make excessive noise, which is over 55 decibels, within ten feet of the entrance of a hospital or within ten feet of the entrance of a church or other place of worship. This offense is punishable by a fine and/or jail time.
Contact: Disturbing the Peace Attorney New Orleans
Charges of disturbing the peace often raise questions about violations of constitutionally protected rights of free speech and freedom of assembly. In many of these cases, there are no facts which would warrant a finding by the court that public peace was threatened. Contact our New Orleans disturbing the peace attorney to schedule a consultation (504) 599-5955 Available 24/7!