This article covers noise law and the possible civil and criminal implications of disturbing the peace.
The Case of the Barking Dog (FAQ)
Q. My apartment complex permits pets. A few of my neighbors complained to the landlord about the noise coming from my apartment a few weeks ago.
One neighbor went as far as calling the police on me!
My dog’s behavior has been aggressive at night, and sometimes he barks in the evening hours. When the police showed up at my apartment, I was in the process of leaving for work.
I told the police I could not speak with them then because I would be late for work.
We got into an argument, I used foul language, and the next thing I knew, I was being handcuffed and arrested for disturbing the peace.
What are the penalties, and can I get this off my record?
A. Disturbing the peace is a law against public disorder and chaos, mainly if such conduct can induce or lead to violence.
In your case, you may face two separate charges:
- The first offense is for disturbing the peace resulting from your dog’s late-night barking.
- The second offense is for you aggressively arguing with police, which can be interpreted as a verbal assault on an officer. Getting into an argument with the police can quickly turn into a case of disturbing the peace or criminal assault.
Noise Law
Most city ordinances include noise laws, the purpose of which prohibits excessive levels of noise, usually coming from one’s place of residence or apartment.
When a person’s words, music, pets, or conduct affect the rights of others to the quiet enjoyment of their property, you may be held criminally liable for disturbing the peace.
Violation of Noise Ordinance
Depending on the state and local jurisdiction, disturbing the peace can be charged as a misdemeanor, and sometimes if the offense is minor, it can be just an infraction. Should the violation be charged as a misdemeanor, it is generally punishable by a fine and probation.
Diversion
If you are eligible for diversion, your lawyer will likely advise you to take it. Often, the defendant violating noise laws will be eligible for diversion, which is a form of a suspended sentence allowing the accused to complete a civility course and undergo a short probation period.
Upon the completion of probation, your lawyer will file a motion with the court to dismiss the matter in its entirety. Once completed, the offense will not go on your official record.
Arguing with the Police
Disturbing the peace can also refer to conduct that risks the safety of others, especially if the police perceive your behavior as challenging their authority.
By law, the police had every right to stop and briefly detain you because of the multiple noise complaints from your apartment.
If you became aggressive or used foul language directed at the officer, under the law, they had the right to arrest you for not only disorderly conduct and disturbing the peace but also for assault on a police officer.
You are fortunate not to have been charged with assault on a police officer, which is usually charged as a felony and carries severe penalties.
Disturbing The Peace – What the Prosecutor Must Prove
To obtain a guilty verdict, the prosecutor will need to prove beyond a reasonable doubt which requires a showing that the defendant’s conduct was willful.
It is usually insufficient that your behavior was merely annoying or embarrassing to others.
The court or jury will be instructed by the court to consider the totality of the circumstances in determining a defendant’s guilt or innocence.
Sometimes, if your conduct was not itself violent but was reasonably believed that it could have induced or incited violence, you may be found criminally liable for disturbing the peace.
Penalties and Punishment – Worst-Case Scenario
In most states, a person charged with disturbing the peace may face jail time of up to 90 days and fines of up to $800.
However, if you do not have a criminal record, it is doubtful that you would be incarcerated if convicted. It is far more likely that you will enter a plea bargain, pay a fine, and be required to attend anger management classes.
If you are fortunate, you may be offered diversion, as discussed above, for only violating the noise ordinance.
Consult A Criminal Defense Lawyer
Should you have specific questions or require additional information about your legal rights and obligations, we recommend you consult a verified Criminal Defense Lawyer as soon as possible.
