Need to know the laws and penalties about disturbing the peace in Texas? Texas law classifies disturbing the peace as disorderly conduct and penalties can vary from being charged a fine to serving time in jail. Our Dallas criminal defense lawyers are here to help you understand the basics and share answers on some of the most commonly asked questions.
Committing certain acts such as yelling obscenities, fighting, nudity, or discharging a weapon is seen as disturbing the peace, but that will be covered in detail shortly. If you or a loved one has been charged and are in need of legal assistance, trust the guidance of a firm that’s been around for over 30 years. There is no circumstance we haven’t seen and are skilled litigators.
Learn more regarding the regulations, penalties, and legal defenses for this charge so that you can make an informed legal decision on how to proceed next.
Disorderly Conduct in Texas: What You Need to Know
Understanding the world of disorderly conduct laws in Texas can be tricky. Our Dallas disorderly conduct attorneys want to help you understand what constitutes a breach of the peace in Texas and the potential legal consequences you may face.
The Texas disorderly conduct law criminalizes a wide range of behaviors that are deemed to disturb the public peace. This can include acts such as:
- Generating loud noises
- Displaying or discharging a firearm in a public place
- Fighting or engaging in other violent conduct
- Indecent exposure
- Using profane, vulgar, or obscene language in a public place
- Making offensive gestures
- Creating noxious or harmful chemical odors
While many of these activities may be legal in the privacy of one’s own home, they become illegal when committed in public if they are likely to incite a breach of the peace or are otherwise deemed offensive to the general public.
What Constitutes a “Breach of the Peace”
A breach of the peace is a legal concept that refers to any act that disturbs or threatens to disturb the tranquility enjoyed by citizens. Texas courts have identified numerous examples of behaviors that fit this definition, including:
- Throwing objects inside a store
- Throwing a glass bottle at a vehicle
- Fighting in public
- Making obscene gestures towards a school official
- Driving while intoxicated
- Public intoxication
- Reckless or dangerous driving
- Criminal trespassing
- Indecent exposure
Understanding the Penalties for Disturbing the Peace in Texas
Disorderly conduct is generally a Class C misdemeanor in Texas, punishable by a fine of up to $500. However, in certain circumstances, such as when a firearm is involved, the offense can be elevated to a Class B misdemeanor, which carries potential jail time of up to 180 days and a maximum fine of $2,000.
Defenses Used to Clear or Reduce Disturbing the Peace Charges
If you’ve been accused of disturbing the peace, seek advice from a qualified criminal defense attorney in Dallas who can help you understand your rights and explore potential defenses. Some common legal strategies for reducing or clearing disturbing the peace in Texas include:
- Challenging the Officer’s Account: One of the primary tactics we employ is carefully scrutinizing the police report and any available evidence to uncover inconsistencies or inaccuracies in the officer’s narrative. By casting doubt on the prosecution’s version of events, we can significantly weaken their case against you.
- Arguing Lack of Breach of the Peace: The legal concept of a “breach of the peace” is a critical element of disturbing the peace charges. Our attorneys can argue that your conduct, while potentially offensive or disruptive, did not rise to the level of actually disturbing the public peace.
- Asserting First Amendment Protections: The First Amendment of the U.S. Constitution safeguards freedom of speech, which can serve as a powerful defense against charges related to verbal conduct. We are prepared to argue that your language or behavior was a legitimate exercise of their constitutional rights and did not warrant criminal prosecution.
- Establishing Necessity or Self-Defense: In some cases, your actions may have been a necessary response to a perceived threat or an attempt to defend themselves or others. Our attorneys work diligently to gather evidence and build a compelling case that your conduct was a justified reaction to a legitimate safety concern.
- Negotiating Plea Bargains: When the evidence against is particularly strong, our attorneys may be able to negotiate a plea bargain with the prosecution. This could result in the charges being reduced to a less serious offense or even dismissed entirely, potentially avoiding harsher penalties.
Get Quality Legal Help Regarding the Laws and Penalties for Disturbing the Peace in Texas
At the Law Offices of Randall B. Isenberg, we understand the impact that a charge can have on your life. Our team of experienced Dallas criminal defense lawyers is dedicated to providing you with the legal representation needed to protect your rights and your future.
If you or a loved one has been charged with disturbing the peace or disorderly conduct in Texas, don’t hesitate to contact us. We are here to listen to your story, evaluate the details of your case, and develop a comprehensive defense strategy to achieve the best possible outcome.
