Disturbing the peace, also known as breach of the peace, is an offense charged when someone engages in certain types of disorderly conduct or interferes with lawful activities in a public space. If your behavior or verbal acts interfere, threaten, or jeopardize a person's right to tranquility, then you can be charged with disturbing the peace under the relevant code section of New Jersey law. A police officer responding to such a call will often evaluate whether the incident involved a violent reaction, unreasonable noise, or offensive words directed toward others in the area.
In New Jersey, a charge of disturbing the peace is not considered a very serious criminal offense. However, if you are found guilty of violating a town ordinance for this offense, it could appear on your record as an ordinance violation, a petty disorderly persons conviction, or a disorderly persons offense conviction. This is something to keep in mind when considering any behavior that may constitute a disturbance of the peace.
What Constitutes Disturbing the Peace in NJ?
In New Jersey, disturbing the peace is considered a form of disorderly conduct. To be more specific, disturbing the peace refers to words or actions that can endanger the safety, health, or morals of others or disrupt lawful activities in a neighborhood or other public space. This may include situations similar to those described in the California Penal Code, though New Jersey's code section has its own definitions and penalties.
A police officer investigating such a complaint might look for signs of unreasonable noise, offensive words, or behavior that provokes a violent reaction from others. Even something that starts as a simple disagreement can escalate if handled poorly. (It might remind some of a heated movie scene starring Guy Pearce or even a classic Texas Ranger moment where law enforcement steps in to restore order.)
Some of the behaviors that may fall under the umbrella of disturbing the peace can include holding a public assembly without a permit, knocking or banging on doors of hotels or motels, shouting obscene language in front of a private house or other place of residence, or verbally bullying someone in a public place.
Examples of Disturbing the Peace in NJ
If you are staying in a shore motel in Seaside Heights, it is unacceptable for you and your guest to disturb other guests intentionally. You cannot, after a night of fun at Karma or Bamboo, go banging on the doors of the motel, either looking for someone or to have some “fun” and annoy people. Guests who are being disturbed can call the manager, who will then contact the police officer to report a disturbance of the peace. Officers will evaluate whether the noise was unreasonable or if any offensive words or aggressive behavior were used.
You and your friends organize a protest over a decision to demolish a standing structure on the Asbury Park boardwalk. Americans have the right to gather and assemble, but if you plan to hold a protest or march in a public space, you must obtain a permit from the city or township. If you have not done this and your protest draws a large crowd that leads to yelling vulgar phrases, displaying vulgar signs, engaging in inappropriate gestures, or otherwise interfering with the general day-to-day life at the site, you can be charged with disturbing the peace.
The idea of protesting is not what is against the law; it is the manner in which you went about it that will get you in trouble. Even though the protest itself may involve lawful activities, once it crosses into obstructing others or inciting a violent reaction in a public area, it can be classified as disturbing the peace under the New Jersey code section addressing disorderly conduct.
Penalties and Punishment for Disturbing the Peace
Disturbing the peace is a charge that could involve penalties equivalent to the maximums allowed under New Jersey state law for disorderly persons offenses. Under the code section governing such conduct, if you are found guilty of disturbing the peace under a town or borough ordinance, you can face up to a fine of $1,000 and up to six months in jail.
Although this law differs from the California Penal Code provisions, both recognize that disrupting lawful activities or engaging in a fight in a public place can carry significant penalties. The police officer who arrests you will include in their report whether offensive words or unreasonable noise were part of the incident.
The penalties depend on whether or not the specific act you were charged with constituted an ordinance violation, a petty disorderly persons offense, or a disorderly persons offense under the applicable law.
Contact an Attorney if Charged with Disturbing the Peace
If you or a family member has been issued a citation for disturbing the peace while in New Jersey, it is essential to understand how to handle the charge effectively. A skilled criminal defense attorney can explain the code section that applies to your situation, determine whether your actions were part of lawful activities, and help you build a strong defense.
Contact Villani & DeLuca's experienced criminal defense attorneys today for personalized guidance tailored to your case. Whether your charge involved unreasonable noise, offensive words, or a violent reaction, an attorney can ensure that your rights are protected and your case is presented fairly.
Villani & DeLuca represent clients throughout Ocean County and Monmouth County, New Jersey, and offer free consultations. Call today!