Been Charged with Breach of the Peace? Here’s What to Do Next

Life can be stressful and there may be times when you lose your cool or fail to conduct yourself in an orderly manner. A breach of the peace charge covers many different offences and perpetrators are often not aware of the offence they’ve committed until they’ve been charged.

Breaching the peace charges can have serious repercussions for both your personal and professional life, so it’s vital to seek professional help as soon as possible. If you’re facing breach of the peace charges and are worried about the future, read on to find out what to do next.

What constitutes a breach of the peace?

A breach of the peace (or disturbing the peace) is a legal term used to describe a form of disorderly conduct. It usually refers to public disorder, but charges can also be brought against you on a private property (for example a heated argument with a friend).

The definition of breach of the peace under Scottish law is ‘conduct severe enough to cause alarm to ordinary people and threaten serious disturbance to the community’. This could include being drunk in public, assault, shouting, offences involving drugs, or riotous or threatening behaviour.

What are the consequences?

A breach of the peace is a specific criminal offence in Scotland (the law is slightly different in England and Wales) and a perpetrator can be arrested without a warrant. If a case goes to the High Court, the maximum punishment is imprisonment for life, but such harsh punishment is rarely applied.

Being charged with breaching the peace can have a serious effect on your personal life or work prospects, so it’s important that you handle the situation in the right manner. You can either plead guilty or fight the charges, but you’ll need professional legal advice either way.

How to seek help

It’s crucial to seek out legal help as soon as possible to guide you through the process. Whether you choose to plead guilty or not guilty, a professional solicitor can help to minimise the impact that the case has on your future. They’ll explain the charges to you and help you decide what to do next, as well as defending you in court if necessary.

If you’ve been charged with a breach of the peace and need professional legal help, get in touch with the team at Lefevre Litigation. Based in Aberdeen, our legal team can help you defend yourself against any charges and ensure you get the most favourable outcome possible. Act sooner, rather than later, so email us at gfk@lefevre-litigation.com or visit our website to book an appointment.