DISORDERLY CONDUCT / BREACH OF PEACE
Defined in Florida Statute 877.03, Disorderly Conduct or Breach of Peace occurs when:
“Someone commits such acts as are of a nature to corrupt the public morals, or outrage the sense of public decency, or affect the peace and quiet of persons who may witness them, or engages in brawling or fighting, or engages in such conduct as to constitute a breach of the peace or disorderly conduct…”
PENALTIES
As a second-degree misdemeanor and depending on the facts of the case and the behavior of the individual charged, the charge carries with it:
a. Maximum 60 days in county jail; or
b. Maximum 6 months of probation; and
c. $500.00 fine
DEFENSES
Different defenses are available depending on the facts of the case, however, not every case will have a defense. The defenses can be legal or factual in nature such as:
First Amendment Free Speech
Self-defense
Prosecutor cannot prove the charge based on the facts
Disorderly Conduct/Breach of Peace is common around bars and nightlife. Sometimes things escalate quickly when alcohol is involved. However, there are good defenses and with the right lawyer by your side you can potentially avoid a criminal conviction.
CASE RESULT
Case #: 17MM025105
Charge: Breach of Peace
Resisting an Officer Without Violence
Description: Police were called to downtown Fort Myers where a young man was allegedly yelling at a security guard and yelling profanities. When officers tried to arrest him, the young man began to resist the officers and was tazed and forcibly detained.
Results: Administratively Dismissed
