Disturbing the Peace Lawyer in St. Louis

Fight Back Against Charges with St. Louis’s Top Defense Attorneys

At Combs Waterkotte, we recognize that not every situation is a crime. Our experienced St. Louis criminal defense lawyers know that when you are accused of a crime, it is important to have someone on your side to fight for your rights and your voice. Whether you are charged with disturbing the peace or a protest incident, we will build a defense that protects your freedom and your future.

Missouri Disturbing the Peace Laws

Missouri statute defines a disturbance of the peace as "creating a hazardous or physically offensive condition by an act that willfully disturbs the peace or quiet of any neighborhood or person or which endangers the safety of any person or property." This broad category of crimes can include acts or displays that offend others’ sense of safety or peace in both public and private spaces.

Legal Definition

Missouri Revised Statutes §574.010 establishes what conduct constitutes disturbing the peace, which can include:

• Unlawfully assembling or refusing to disperse when ordered by law enforcement.
• Fighting, brawling, or other violent conduct in public places.
• Using loud or abusive language with the intent to provoke a violent reaction.
• Excessive noise, such as loud music, that disrupts residential or business areas.
• Obstructing public streets, sidewalks, or access to facilities during demonstrations or protests.

A peace disturbance charge is, by definition, a matter of context and intent.

How You Might Disturb the Peace

• Getting into a heated argument in public that escalates to a physical altercation.
• Hosting a party with excessively loud music that prompts neighbors to make a noise complaint to the police.
• Protesting without a permit and blocking traffic or access to public spaces.
• Using threatening or obscene language that causes fear or panic in others.

The nuances of these charges are crucial to forming an effective defense, and at Combs Waterkotte, we scrutinize the alleged facts of your case in order to fight the accusations made by the prosecution and protect your liberties.

Penalties for Disturbing the Peace in Missouri

Depending on the jurisdiction, disturbing the peace is generally classified as a misdemeanor. Even though it might not be as harsh as a felony, a misdemeanor charge, can greatly influence your life. To evaluate your status and prepare your defense, it is important to learn more about the potential penalties attached to the charge.

Potential Penalties

• Fines: A first time disturbing the peace offense is considered a Class B misdemeanor which carries with it a fine of up to $1,000. A second offense is considered a class A misdemeanor which carries a fine of up to $2,000. A third or subsequent offense carries an additional minimum fine of $1,000 and a maximum of $5,000.
• Jail Time: A Class A misdemeanor conviction can result in up to a year in jail. A Class B conviction can result in up to six months of jail time.
• Community Service: Communities may require offenders to perform community service as an alternative or additional penalty.

Aggravating Factors

The charge is sometimes enhanced by circumstances that make it more serious, and therefore punishable by greater penalties:

• Repeat Offenses: Individuals with prior convictions may face escalated consequences.
• Violence: Charges are enhanced, or penalties are increased, for cases involving physical harm or threats.
• Public Safety Risks: Threats to the wellbeing of large groups of people – such as blocking traffic during protests – can lead to increased scrutiny and penalties.

Collateral Consequences

A conviction for disturbing the peace can haunt you long after you pay your debt to society.

• Job Hunting: Many employers conduct criminal background checks, and a criminal record can reduce job options.
• Professional Licensing: Certain professions may deny or revoke licenses due to a conviction.
• Community Reputation: A criminal record can damage your personal relationships and reputation within the community.

Combs Waterkotte aggressively protects your future from the devastating consequences of a charge for breach of peace. We explore every legal avenue to get your charges reduced or dismissed so you can move forward with your life.

Disturbing the Peace vs. Similar Offenses

While disturbing the peace may seem like a straightforward charge, it often blends into other offenses like disorderly conduct or harassment. Pinpointing these distinctions can help you build a solid defense and avoid being charged with something you shouldn’t, or convicted of something you shouldn’t be.

Disorderly Conduct

Disorderly conduct is a catch-all offense that can cover behavior similar to disturbing the peace, such as excessive noise-making or causing a disturbance in public. It can also include behavior unrelated to orderliness, such as trespassing or obstructing emergency services.

Overview: Disturbing the peace charges focus on disrupting the "peace," safety, or comfort of others in a particular place, whereas disorderly conduct serves as a broader category for conduct that interferes with public order.

Harassment

Harassment involves repeated or intentional actions designed to alarm, annoy, or injure someone else. For example, incessant threatening phone calls may qualify as harassment but not as disturbing the peace.

Key Difference: While harassment charges typically target actions directed at an individual, disturbing the peace charges usually stem from single incidents or general public disturbances.

At Combs Waterkotte, we thoroughly evaluate the nuances of your specific charge to ensure it is appropriate and defendable.

Common Misunderstandings About Disturbing the Peace

These misconceptions can lead to unnecessary worry or a lack of urgency in seeking legal counsel. Here are the most common ones we encounter:

1. It’s “Just a Minor Charge”
   Many people believe that disturbing the peace is trivial and carries minimal punishment. In reality, a conviction can result in a fine, jail time, and a criminal record, all of which can significantly impact your future.
2. Anything Annoying Is Disturbing the Peace
   Not every annoying or disruptive behavior constitutes disturbing the peace. To secure a conviction, the prosecution must demonstrate that your conduct crossed the line and caused a significant interference with public tranquility or comfort.
3. Convictions Are Unavoidable
   Some assume that being charged with disturbing the peace leaves no room for defense. This is far from the truth. With an aggressive legal defense, charges can often be dismissed or reduced due to burden of proof, insufficient evidence, constitutional rights violations, or improper application of the law.

At Combs Waterkotte, we work to dispel these misconceptions, affirm your rights, and provide clarity about the charges you face, ensuring you can approach your defense with confidence.

How the State Proves Its Case

Prosecutors rely on specific types of evidence to substantiate peace-disturbance accusations. Understanding these strategies helps us dismantle their case and safeguard your rights.

Types of Evidence Used

• Eyewitness Testimony:
  Witnesses may claim they observed disruptive behavior, but inconsistent or biased accounts can weaken the prosecution’s case.
• Police Reports:
  While officers’ reports are critical, they may exaggerate or misrepresent events. Cross-examination can challenge these claims.
• Audio or Video Recordings:
  Recordings from phones, security cameras, or police bodycams may seem incriminating but can also reveal context that undermines the prosecution’s narrative.

Fighting a Disturbing the Peace Charge

Just because you have been charged with disturbing the peace does not mean you will be convicted. There are numerous ways to challenge the case and assert your rights when you retain an experienced criminal defense attorney. At Combs Waterkotte, we develop defense strategies tailored to the unique facts of your case and utilize well-developed legal tactics to fight for the best results.

1. Alibi
   If you can establish that you were not at the scene where the disturbance allegedly occurred, the prosecution must prove otherwise. If you were somewhere else at the time, we can prove it – whether through witnesses, video evidence, or other means.
2. Lack of Intent
   For a conviction, the prosecution must typically demonstrate that your behavior was intended to disturb, annoy, or harm others. If your behavior was accidental or misunderstood, we can contend that you did not intend to disturb others.
3. Consent
   In some cases, such as noise complaints or other disputes, it may be possible to argue that those affected had given their consent. For example, if neighbors agreed on an acceptable noise level for a party beforehand, this agreement might serve as a defense against a claim of disturbance.
4. Fourth Amendment
   Evidence obtained in violation of your constitutional or statutory rights can be challenged. For instance, if the police entered your property without a warrant while investigating a noise complaint, we can argue to have the evidence suppressed.
5. Self-Defense or Defense of Others
   If the charge stems from an assault, such as a public fight, this defense may apply if your actions were a reasonable response to an attack on yourself or another person.
6. Coercion or Duress
   If you were compelled to act under the threat of harm, we can argue that you had no reasonable alternative to the actions that allegedly caused the disturbance.
7. Necessity
   In some situations, peace-disturbing actions may be justified and defensible due to emergencies. For instance, loud shouting might be necessary to warn people of a fire or another public hazard.