What is the Law of Breach of the Peace in Kentucky and What are the Punishments for it?
When an individual involves in some types of disorderly public behavior, such as causing unnecessarily loud noise or fighting disturbing the peace, it is considered as a criminal offense. It is termed as Breach of the peace. Apart from this, when a person conducts or words threaten another person’s tranquility and peace, he or she can be charged with the offense for Breach of the peace. Every state has its own laws which criminalize Breach of the peace.
What are the Laws of Breach of the Peace in Kentucky?
Under the code section Kentucky Revised Statute section 525.055, in Kentucky, First-degree disorderly conduct is performed when the following four matters are all present.
- Someone engages in some types of activities within a public place with the intent to create a public annoyance, inconvenience, or alarm. Some types of activities are fighting or performing tumultuous, violent, or threatening way; making noise unnecessarily, or making a physically offensive or hazardous condition when the purpose is not legitimate.
- While within the bounds of 300 ft of a funeral home during the looking of a dead person, a cemetery during a funeral, a memorial service, a procession of the funeral or a building in which a memorial service or funeral is being conducted.
- At any point in time, between one hour earlier to the occasion and one-hour following, the occasion has concluded.
- Knowing the person is within the bounds of 300ft of such an event.
Under the code section Kentucky Revised Statute section 525.060, in Kentucky, Second-degree disorderly conduct is performed when individual acts with the intent of causing public annoyance, inconvenience, want or alarm only making a risk thereof within public while:
- Making noise without any reason.
- Involving fighting, or tumultuous, violent, or threatening behavior.
- Refusing to follow an official order to spread during a hazard, fire or other emergencies.
- Making physically offensive or a hazardous situation without any purpose which is legitimate.
In Kentucky, an individual is blameworthy of public intoxication if he or she is influenced by a controlled substance or other intoxicating elements (excluding alcohol), which is not therapeutically managed and working in such a manner that endangers himself or herself, property, other people or that unnecessarily irritates people around him or her. In Kentucky, public intoxication is a Class B misdemeanor.
What are the Punishments for Breach of the Peace?
Disturbing the peace or Breach of the peace is a misdemeanor criminal offense. First-degree disorderly conduct is a Class A misdemeanor criminal offense. Punishments of a person convicted with Class A misdemeanor are imprisonment for maximum 12 months and/or a find maximum $ 500.
Second-degree disorderly conduct and Public intoxication are Class B misdemeanor criminal offense. Punishments of an individual convicted with Class B misdemeanor are imprisonment for a maximum of 90 days and/or a fine maximum of $ 250.
Defenses to Breach of the Peace
Breach of the peace is preferably subjective, so the police can apply it to several types of troublemaking behavior. Usually, defenses are classified into three categories such as “I didn’t do it”; “I did it, but I had to” (as defending others or in self-defense); or “my conduct didn’t disturb anyone”. There is also a possibility that objected-to activities are protected by the First Amendment right to free speech.
If you are convicted with the charge of Breach of peace or any other crime, you should not handle the matter yourself as it may be hazardous. By choosing an efficient attorney, who is knowledgeable and famous as a criminal defense lawyer, you can get legal help properly with your Breach of the peace case.