Facing Disturbing The Peace Charges In New Orleans? Pleading Guilty Can Have Lasting Implications. We Can Help.
If you are facing charges for disturbing the peace in New Orleans, you may have questions about what your next steps should be. “Disturbing the peace” is a broad category that can capture many types of activities with a variety of contexts and intentions. It can be a lot to sift through the charges themselves, the strength of the case, and the potential consequences of being found guilty.
This post will give you the information you need to know to better understand the charge itself as well as how to handle the next steps in your case.
Contacting a lawyer as soon as you know you are facing charges for disturbing the peace in New Orleans is the best course of action. Having a lawyer on your side who can help you sort through the details of your case and launch an effective defense can help you avoid the most serious penalties for these charges.
An experienced and attentive lawyer can help examine the evidence against you, consider possible defense strategies, and know the ins and outs of negotiations within the local court system. By contacting a lawyer early in the proceedings, you maximize the help you can get and potentially shorten the process to getting these charges handled as smoothly as possible.
There are many components to the disturbing the peace law in the State of Louisiana. These laws are designed to capture a wide range of activities that can vary from intentional fighting to unintentional but disruptive behavior. Understanding both what constitutes disturbing the peace and what penalties you could face for doing so will help you determine how you should respond to charges under this section of the law.
In the State of Louisiana, there are many behaviors that can be considered disturbing the peace. According to statute Title 14, §103, these are the activities classified as “disturbing the peace”:
There are also some specific sections of the law about disrupting funeral proceedings. Under this section, an area within 300 feet of a funeral or burial is protected from “utterance, gesture, or display designed to disrupt” for two hours before and two hours after the burial. In addition, the law allows for protection of the “funeral route” — that is the path taken from the funeral to the burial — at a distance of 30 feet from the outer edge of the outermost lane of the route.
As you can see, disturbing the peace in Louisiana is a very broad category. It can include intentional disruptions designed to create a disturbance for the sake of protest. It can also include disruptions that occur in the heat of the moment such as a fight that breaks out from an altercation. In addition, it can even include unintentional disturbances such as appearing intoxicated and behaving with a lack of control in a public space.
Obviously, New Orleans has a reputation — and a thriving tourist economy — built around its active nightlife and entertainment options. Simply being out in public after consuming alcohol (if of legal age) is not typically considered a disruption that warrants a disturbing the peace charge.
The prosecution bringing these charges has the responsibility to demonstrate that the defendant was acting in a way that would reasonably be considered a disruption to the surrounding public. In this way, a disturbing the peace charge is somewhat subjective, leaving room for a defense that contextualizes the actions with the surroundings.
Just as the actual charges for disturbing the peace are varied, the penalties for disturbing the peace in New Orleans also have a wide range. The law dictates the maximum allowable punishment, which includes the following:
For those who are found guilty of violating the sections of the law pertaining to funeral disruptions, the penalties are steeper. For these violations, the penalties include the following:
Obviously, there is a big difference for most people between paying a $100 fine and spending up to 90 days in incarceration, so it is very important to understand the details of the charge and the case as it unfolds. Having an experienced attorney on your side during this process can help ensure that the case is handled as smoothly as possible.
The Law Office of Heather C. Ford will give you peace of mind in your disturbing the peace case. She will professionally and effectively represent you on your behalf in front of any prosecutors or judges. Trust that your case will be handled with your best interests in mind.
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We are committed to making the legal process as quick and efficient as possible for every client. If you have received disturbing the peace charges in New Orleans, Contact our office immediately to schedule a consultation.
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Avoid Anxiety:Don’t Just Pay It — Pleading Guilty Can Have Lasting Implications. We Can Help.
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If you are from out of town and are not sure what to do, the Law Office of Heather C. Ford can provide direction and help! We can represent you and provide you with the confidence that your Disturbing the Peace case is being handled with the utmost professionalism and experience – whether you can be present for your first court date or not!
Disturbing the peace is generally the same as disorderly conduct. If a person is being disruptive or offensive in a way that is impacting others, they could be charged with disturbing the peace or disorderly conduct.
In order to be charged with disturbing the peace, someone must be found to be making a willful and malicious attack on the peace and quiet of the area. In general, this means being aggressive, loud, or particularly offensive in such a way that it directly impacts the other people present. Any of the following could qualify:
Fighting (having a physical confrontation)
– Addressing another person with offensive language
– Engaging in violence with three or more persons
– Public intoxication
– Obstructing public passage
-Interrupting a lawful assembly
– Holding an unlawful assembly
– Interfering with a funeral procession
– Inciting or participating in a riot
– Playing a car radio above 85 decibels during unreasonable hours
– Sleeping in public (vagrancy)
If someone is charged with disturbing the peace in Louisiana, they will be facing the potential of 90 days imprisonment, and/or fines up to $100 depending on the severity of the crime.
