The Nevada crime of breaching / disturbing the peace occurs when you willfully disturb a person, family, or neighborhood by engaging in loud or offensive conduct. Breach of peace is a misdemeanor carrying
- up to six months in jail and/or
- up to $1,000.00 in fines.
The language of the code section states that:
NRS 203.010 – Breach of peace. Every person who shall maliciously and willfully disturb the peace or quiet of any neighborhood or person or family by loud or unusual noises, or by tumultuous and offensive conduct, threatening, traducing, quarreling, challenging to fight, or fighting, shall be guilty of a misdemeanor.
In many cases, the prosecutor will drop breach of peace charges in exchange for a small fine.
In this article, our Las Vegas criminal defense attorneys will address the following key issues regarding Nevada disturbing the peace laws.
- 1. Elements of NRS 203.010
- 2. Penalties
- 3. Dismissals
- 4. Defenses
- 5. Record Seals
- 6. Immigration Consequences
- 7. Related Offenses
- Frequently Asked Questions
- Additional Reading
1. Elements of NRS 203.010
In Nevada, disturbing the peace is a broad “catch-all” offense that comprises any loud or disruptive behavior, such as:
- conducting yourself in an offensive manner in public,
- making threats to someone at a bar,
- challenging someone to a fight, or
- stumbling around drunk on the street1
Location is an essential component of whether you violate NRS 203.010. Suppose you act rambunctiously in a park with children nearby. In that case, you are more likely to get cited than someone acting similarly at, for example, the Electric Daisy Carnival or Burning Man.
Also see our article, Legal remedies when neighbors play their music too loud in Las Vegas.
2. Penalties
As a misdemeanor in Nevada, disturbing the peace carries a sentence of:
- up to 6 months in jail, and/or
- up to $1,000 in fines.2
In practice, however, the judge typically orders just a fine and rarely imposes incarceration. In some cases, the judge may agree to dismiss the charge completely.
Note that, depending on the case, police may issue citations instead of arresting you. Citations are essentially treated the same as traffic tickets.
If you blow off the citation and fail to pay the fine or appear in court, the judge will issue a bench warrant for your arrest. If this happens, you can be arrested at any time and held without bail.
Plea Bargains
Because breach of the peace is a minor offense, many Nevada defense attorneys attempt to plea bargain for more serious charges, such as
down to a breach of the peace. A breach of peace conviction does not look as bad to prospective employers as crimes that involve fighting or prostitution.
3. Dismissals
It is possible to dismiss a breach of peace charge, especially if you have no past criminal convictions. Nevada judges often agree to drop disturbing the peace charges if you pay a fine.
4. Defenses
Here at Las Vegas Defense Group, we have represented literally thousands of people charged with breaching the peace. In our experience, the following three defenses have proven highly effective in persuading judges and prosecutors to dismiss these charges.
1) You Engaged in No Willful and Malicious Conduct
An element of NRS 203.010 is that you acted willfully and maliciously. This is often a subjective standard that may be difficult for the prosecution to prove.
Perhaps you were just
- exercising your constitutional rights to free speech or protest or
- defending yourself.
Or perhaps you were suffering from a medical event such as seizures or diabetic comas, where you had no control over your conduct.
Whatever the situation, you committed no crime and should not be convicted if the D.A. cannot prove you acted maliciously and willfully.
2) You Were Falsely Accused
It is not uncommon for people to falsely accuse others of criminal conduct out of
- anger,
- revenge, or a
- genuine misunderstanding.
Sometimes people even plant false evidence in an effort to incriminate someone else.
In circumstances like this, your criminal defense attorney would conduct a thorough investigation to unearth communications such as text messages or voicemails that could show that the accuser has a motivation to lie.
Your defense attorney would also try to find surveillance video that shows you did nothing wrong. The charge should be dismissed as long as there is insufficient evidence to prove guilt beyond a reasonable doubt.
3) You Were Misidentified
It may be challenging for the police to accurately identify the individual(s) responsible for a brawl or disturbance, especially in cases involving a large crowd. Sometimes, law enforcement arrests innocent people who were at the wrong place at the wrong time.
In these situations, your criminal defense attorney would search for any available surveillance video and eyewitnesses that could definitively show that you broke no law. Such evidence may convince the D.A. to drop the charges.
5. Record Seals
If you are convicted of violating NRS 203.010, you can petition the court for a record seal one year after the case ends. Please note that the record seal process typically takes several months to complete in Nevada.3
If you get the “disturbing the peace” charge dismissed, there is no waiting period to get a record seal: You can begin the process immediately. 4
6. Immigration Consequences
Violating NRS 203.010 is not a deportable offense. However, immigration law is constantly changing, and any immigrant charged with a crime is advised to seek legal counsel.
7. Related Offenses
Disorderly Conduct
Disorderly conduct is essentially the same offense as NRS 203.010. The only difference is that disorderly conduct is a county crime, whereas a breach of peace is a state crime. They carry the same penalties.5
Trespass
Many trespass crimes occur when rowdy casino patrons refuse to leave a casino after being asked to do so. Similar to NRS 203.010, trespass is a misdemeanor punishable by up to six months in jail and/or a fine of up to $1,000. 6
Inciting a Breach of Peace
Provoking a breach comprises using
- words,
- signs,
- writing, or
- gestures
to incite others to breach the peace. It makes no difference if a riot never occurs.
Like NRS 203.010, inciting is a misdemeanor carrying up to six months in jail and/or up to $1,000 in fines.7
Frequently Asked Questions
What exactly counts as disturbing the peace in Nevada?
Disturbing the peace in Nevada includes any loud or disruptive behavior that willfully disturbs a person, family, or neighborhood.
This can include making threats at a bar, challenging someone to a fight, acting offensively in public, or stumbling around drunk on the street. The key is that your conduct must be willful and malicious.
Will I go to jail if I am convicted of disturbing the peace?
While disturbing the peace can carry up to six months in jail, judges rarely impose jail time for this offense. In practice, you will typically just pay a fine of up to $1,000. In some cases, judges may even agree to dismiss the charge completely, especially if you have no prior criminal record.
How long do I have to wait to seal my disturbing the peace record?
If you’re convicted of disturbing the peace, you can petition to seal your record one year after your case ends. However, if you get the charges dismissed, there’s no waiting period – you can begin the record sealing process immediately.
What happens if I ignore a disturbing the peace citation?
If you fail to pay the fine or appear in court for your citation, the judge will issue a bench warrant for your arrest. This means you can be arrested at any time and held without bail until you address the citation in court.
Additional Reading
For more in-depth information, refer to these scholarly articles:
- The Fighting Words Doctrine – Columbia Law Review.
- Fighting the Fighting Words Standard: A Call for Its Destruction – Rutgers Law Review.
- Disturbing the Peace – Central Law Journal.
- Civil Disturbances, Mass Processing and Misdemeanants: Rights, Remedies and Realities – The Journal of Criminal Law, Criminology, and Police Science.
- Disorderly Conduct Statutes in our Changing Society – William & Mary Law Review.
