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Birmingham Breach of Peace Lawyer

Many cases heard in Michigan’s criminal courts involve a breach of the peace. While these are often minor accusations, a conviction can stay on a person’s criminal record, which may affect their future job or housing prospects.

A skilled attorney could represent you against disorderly accusations in criminal courts. In addition to providing representation, a Birmingham breach of peace lawyer may be able to help you understand how the Michigan Penal Code applies to your case, the various charges you may be facing, and what positive next steps may be available to you.

What Constitutes A Breach of Peace?

Despite the serious potential penalties associated with it, “breach of peace” is not listed as a crime in Michigan Penal Code. Those found breaching the peace could instead be charged for being “disorderly”.

More specifically, police and prosecutors may use a statute known as “disorderly persons” to charge those found breaching the peace. Contained in Michigan Penal Code §750.167, police or prosecutors could charge an individual for many disruptive behaviors, including:

  • Failure to support family
  • Prostitution, or engagement in prostitution
  • Loitering
  • Roughly crowding others in public place
  • Public intoxication

Since this statute can be broadly applied, this offense can result in anything from minor punishments to very serious ones. For this reason, consulting a Birmingham breach of peace lawyer could help you properly interpret the law as it is applied to your individual situation and tailor a specific defense, which in turn could facilitate a positive resolution to your case.

The Consequences for a Breach of Peace Conviction

Convictions for breaches of peace typically carry penalties. However, since these cases are prosecuted as misdemeanor offenses, any resulting penalties are comparatively minor in relation to those associated with felonies.

One exception exists, however, that could lead a breach of peace charge being prosecuted as a felony. If the act in question threatened or disturbed those at a funeral, the individual could face a maximum penalty of two years in prison, a fine of up to $5,000, or both.

Otherwise, the maximum penalty for misdemeanor breach of peace charges is set at 90 days in jail, a fine of up to $500, or both. First-time offenders are unlikely to receive a prison stay, but it is possible. Consulting with a professional Birmingham breach of peace lawyer may be able to help you avoid that particular consequence if convicted.

Regardless of the potential prison time, a conviction for breach of peace will remain on an individual’s criminal record. Having a criminal record can ultimately affect a convicted person’s ability to find gainful employment or secure housing.

Let a Birmingham Breach of Peace Attorney Help

Even a minor criminal accusation such as breaching the peace can change your life. While a conviction may not result in jail time, the creation of a criminal record could lead to long-term damage to your career prospects and reputation.

Being a disorderly person includes many behaviors such as loitering, peeping, engaging in prostitution, and jostling in a crowd. With such a broad application available to prosecutors, counsel from a Birmingham breach of peace lawyer could play a key role in protecting your rights.

A dedicated legal team with experience interpreting charges and dissecting the situation that may have led to a disorderly person charge could work on your behalf to defend against the prosecution’s case and look out for your best interests. Call today to schedule a consultation and discuss your situation.