New Jersey Disturbing the Peace Lawyer
If you have been charged with disturbing the peace in New Jersey, you need to make sure you have a clear understanding of the allegations against you. You also need to make sure you know what is at stake in your case. Like all criminal charges, disturbing the peace carries serious consequences—and, while it may be possible to avoid these consequences, fighting your case will require representation from an experienced New Jersey disturbing the peace lawyer.
Our lawyers have extensive experience representing individuals charged with disturbing the peace in New Jersey. We are familiar with the typical allegations in these cases and the strategies prosecutors use to seek convictions in court. To find out how we can help you, contact us for a confidential initial consultation today.
Disturbing the Peace Charges in New Jersey
In New Jersey, criminal charges for disturbing the peace can take several different forms. Depending on the specific allegations against you, you could be facing charges such as:
Riot; Failure to Disperse (Section 2C:33-1)
Some disturbing the peace cases involve charges under Section 2C:33-1 of the New Jersey Code. This is also known as New Jersey’s riot statute.
Section 2C:33-1 makes it illegal to participate with four or more other individuals in a “course of disorderly conduct” and with any one or more of the following:
- The purpose of committing or facilitating the commission of a crime;
- The purpose of preventing or coercing official action; or,
- Plans to use a firearm or another deadly weapon.
When prosecuted under Section 2C:33-1, disturbing the peace can be either a fourth-degree or a third-degree indictable offense. Additionally, refusing or knowingly failing to obey an order to disperse while engaged in disorderly conduct is a disorderly persons offense under New Jersey law.
Disorderly Conduct (Section 2C:33-2)
Disturbing the peace cases can also involve charges under Section 2C:33-2 of the New Jersey Code. This section establishes the crime of “disorderly conduct,” which can involve:
- “Engag[ing] in fighting or threatening, or in violent or tumultuous behavior;”
- “Creat[ing] a hazardous or physically dangerous condition by any act which serves no legitimate purpose of the actor;” or,
- “[Using] unreasonably loud and offensively coarse or abusive language, given the circumstances . . . and the setting of the utterance, to any person present” in a public place.
When prosecuted under Section 2C:33-2, disturbing the peace is classified as a petty disorderly persons offense under New Jersey law.
False Public Alarms (Section 2C:33-3)
Prosecutors can pursue charges related to disturbing the peace under Section 2C:33-3 of the New Jersey Code as well. This section of the law pertains to “false public alarms.”
Under Section 2C:33-3, prosecutors can pursue criminal charges based on allegations including (but not limited to):
- Making false reports or warnings about “an impending fire, explosion, crime, catastrophe, emergency, or any other incident;”
- Making false reports or warnings about “an impending bombing, hostage situation, person armed with a deadly weapon;” and,
- Causing a false alarm, “to be transmitted to or within any organization . . . for dealing with emergencies involving danger to life or property.”
In most cases, creating false public alarm is either a third-degree or second-degree indictable offense. However, it can also be prosecuted as a first-degree indictable offense in some cases.
Penalties for Disturbing the Peace in New Jersey
The penalties for disturbing the peace in New Jersey depend on the degree of the offense charged. With this in mind, examples of potential penalties include:
- Petty Disorderly Persons Offense (i.e., Disorderly Conduct) – Up to 30 days in jail and a $500 fine
- Disorderly Persons Offense (i.e., Failure to Disperse) – Up to six months in jail and a $1,000 fine
- Fourth-Degree Indictable Offense (i.e., Riot) – Up to 18 months in prison and a $10,000 fine
- Third-Degree Indictable Offense (i.e., Riot or False Public Alarm) – Three to five years in prison and a $15,000 fine
- Second-Degree Indictable Offense (i.e., False Public Alarm) – Five to ten years in prison and a $150,000 fine
Convictions for disturbing the peace can lead to probation and other penalties as well, and having any type of criminal conviction on your record can impact your life in various ways. When you hire a New Jersey disturbing the peace lawyer at Helmer, Conley & Kasselman, P.A., your lawyer will help you fight to avoid these consequences by all means available.
Potential Defenses Against Disturbing the Peace
While charges for disturbing the peace can take many forms, there are also numerous potential defenses under New Jersey law. Once you hire a lawyer to represent you, your lawyer will be able to determine what defenses you can assert based on the facts of your case. With this in mind, some examples of potential defenses include:
- Mistaken identity or false accusations
- Insufficient evidence of guilt (or proof of innocence)
- Racial or ethnic profiling
- Unlawful stop, search, or seizure
- Other violations of your constitutional rights
Depending on the circumstances of your case, you may also be eligible to pursue pre-trial diversion, and seeking a plea deal that minimizes the consequences of your arrest may also be a sensible option. Your New Jersey disturbing the peace lawyer can help you decide how best to proceed.
Expungement of Disturbing the Peace Convictions in New Jersey
If you have a conviction related to disturbing the peace on your record, whether your conviction is eligible for expungement depends on the degree of your disturbing the peace charge, among other factors. With that said, having your criminal record expunged can be life-changing, so this is certainly something you should discuss with a lawyer if you have questions.
Schedule a Confidential Initial Consultation with a New Jersey Disturbing the Peace Lawyer Today
If you need to speak with a New Jersey disturbing the peace lawyer, we strongly encourage you to contact us today. Call 877-435-6371 or contact us online to schedule a confidential initial consultation as soon as possible.
