Disturbing the Peace in Springfield, Missouri
A disturbing the peace charge usually falls into one of two categories.
They’re sometimes what might automatically come to your mind, a car stereo that gets too loud, a party that gets out of hand. That type of charge is usually pretty easily dealt with, and that is good. But that is not where I usually hit on these sorts of cases.
I most often see the second category of disturbing the peace, and that is when my client is facing very serious felony charges, and the prosecutor knows they have a very serious felony charge in front of them, but they also know they don’t have the evidence to make their case.
At the same time, my clients may not want to gamble and go to trial on those more serious charges. So the prosecutor and I will strike a deal to reduce those serious charges to disturbing the peace. And considering the client was originally facing felony charges, and those are now reduced down to disturbing the peace, I consider that as a win.
It is kind of a catchall, but we can use it effectively to produce a good outcome in your case.
PEACE DISTURBANCE – MISDEMEANOR STATUTE
574.010. Peace disturbance — penalty. —
1. A person commits the offense of peace disturbance if he or she:
(1) Unreasonably and knowingly disturbs or alarms another person or persons by:
(a) Loud noise; or
(b) Offensive language addressed in a face-to-face manner to a specific individual and uttered under circumstances which are likely to produce an immediate violent response from a reasonable recipient; or
(c) Threatening to commit a felonious act against any person under circumstances which are likely to cause a reasonable person to fear that such threat may be carried out; or
(d) Fighting; or
(e) Creating a noxious and offensive odor;
(2) Is in a public place or on private property of another without consent and purposely causes inconvenience to another person or persons by unreasonably and physically obstructing:
(a) Vehicular or pedestrian traffic; or
(b) The free ingress or egress to or from a public or private place.
2. The offense of peace disturbance is a class B misdemeanor upon the first conviction. Upon a second or subsequent conviction, peace disturbance is a class A misdemeanor. Upon a third or subsequent conviction, a person shall be sentenced to pay a fine of no less than one thousand dollars and no more than five thousand dollars.