On behalf of The Law Office of Gustavo E. Frances, P.A.
Disturbing the peace occurs when some type of disorderly conduct results in loud noise, usually for an extended period of time. This could be anything from fighting and holding unlawful assemblies in public to shouting profanities and even excessive dog barking. One man here in Florida was recently arrested on the misdemeanor charge of disturbing the peace by purportedly firing a gun.
A phone call was recently made to police regarding shots being fired at the old Seven Mile Bridge in Florida. When authorities arrived that evening, they found themselves face-to-face with a man who was dressed like a pirate. He supposedly had a holster on each hip, each containing a black-powder, fully-operational pistol.
The 58-year-old man allegedly also had two knives and a sword on his person. The man told police that he was an entertainer, and he was with friends on the bridge. He informed police that the pistols were not loaded and that they had been fired toward the water.
Witnesses, however, told authorities something different. Officials say that the witnesses reported that the man fired toward vehicles traveling on the bridge. The man was arrested for disturbing the peace, a misdemeanor, and was released on a bail of $328.
As a general rule, the disorderly conduct that led to disturbing of the peace must have been willful or malicious in order to obtain a conviction. In order to be convicted, this will need to be proven, which requires a very close examination of all facts of the case. For Florida residents who have been charged with a misdemeanor offense, such as disturbing the peace, it is vital that they become familiar with the courses of action that can be taken to minimize or dismiss the charges and potential penalties.
bradenton.com, “Florida Keys cops responding to shots fired find an armed ‘pirate’ in full dress“, June 30, 2015