Carl Barkemeyer is a disturbing the peace defense lawyer in Baton Rouge, Louisiana. the Peace in Louisiana is considered a misdemeanor. It is punishable by a term of jail time of up to 90 days or six months, depending on the provision the defendant is convicted. The most common form of Disturbing the Peace involves public intoxication. Another common form involves fistic encounter. Often times, the evidence used against the defendant is the officer's observations. The officer will have to testify that the accused was involved in a fistic encounter, seemed intoxicated, or another set of facts.
See a portion of the Louisiana statute below:
A. Disturbing the peace is the doing of any of the following in such manner as would foreseeably disturb or alarm the public:
(1) Engaging in a fistic encounter; or
(2) Addressing any offensive, derisive, or annoying words to any other person who is lawfully in any street, or other public place; or call him by any offensive or derisive name, or make any noise or exclamation in his presence and hearing with the intent to deride, offend, or annoy him, or to prevent him from pursuing his lawful business, occupation, or duty; or
(3) Appearing in an intoxicated condition; or
(4) Engaging in any act in a violent and tumultuous manner by any three or more persons; or
(5) Holding of an unlawful assembly; or
(6) Interruption of any lawful assembly of people; or
(7) Intentionally engaging in any act or any utterance, gesture, or display designed to disrupt a funeral, funeral home viewing, funeral procession, wake, memorial service, or burial of a deceased person.
(8) Intentionally blocking, impeding, inhibiting, or in any other manner obstructing or interfering with access into or from any building or parking lot of a building in which a funeral, wake, memorial service, or burial is being conducted, or any burial plot or the parking lot of the cemetery in which a funeral, wake, memorial service, or burial is being conducted.
As you can see, there are many different variations of disturbing the peace, all of which can be construed or interpreted in different ways, depending on the situation and the discretion of the arresting officer at the time. However, this can potentially prove useful since it allows for more freedom in defending the case because parts of the law can be interpreted differently by different people. Because of this, it is highly recommended that you seek legal advice immediately after being charged with a misdemeanor count of disturbing the peace.
Since disturbing the peace is always considered a misdemeanor and never a felony (no matter the reason behind the charge), its punishments aren’t as strict or severe as another charge like assault which can physically or emotionally impair another person. Being charged with disturbing the peace is punishable by jail time of 90 days all the way up to six months, depending on the provision by which the defendant was convicted. Even though it is considered a misdemeanor, these punishments can still cause unforeseen difficulties and hardships in the future for both you and your loved ones. Having jail time on your criminal record can negatively affect your ability to get a job, go to school, or even see your family members. For these reasons, legal advice from Carl Barkemeyer is highly recommended.
The first and most important way we can help is by fighting for your case in court. Since disturbing the peace charges are usually based on eyewitness accounts and the arresting officer’s observations, an experienced lawyer like Carl Barkemeyer can help to prove these observations as forced or incorrect. The officer must prove that you were in fact disturbing the peace by determining that you were acting in a fistic manner, acting intoxicated, or another set of actions. These actions can be hard to prove by an arresting officer, which helps your case by allowing us to fight that the opposite was true and you were in fact not disturbing the peace.
Contacting Carl Barkemeyer, Criminal Defense Attorney right away will help your case drastically because we can start to draft a plan in which your case is dismissed or your punishments are greatly reduced. Mr. Barkemeyer has loads of experience defending clients in disturbing the peace cases and will help fight for your rights so that your future isn’t negatively impacted by the charge. Facing jail time for a disturbing the peace charge can be frightening and stressful due to the side effects that it brings. If you have recently been charged with disturbing the peace in the Baton Rouge area, give us a call at (225) 964-6720 so that we can discuss representation and help you fight your case in court.
Contact Baton Rouge Disturbing the Peace Lawyer Carl Barkemeyer, Criminal Defense Attorney, at (225) 964-6720 to discuss representation.