Walk It Through: Closing Time
Noisy conduct that tends to anger others, fifth-degree assault, and an arrest without a warrant.
At closing time, another patron starts a loud argument with a regular on the sidewalk outside the bar.
Two things a person in this spot might do. Picking one shows what the law says about it.
One night at one bar. Self defense, the gross misdemeanor for a prior domestic conviction, and breaking a door to arrest are not worked through here.
A practice walkthrough, not a prediction of how any real one will go. Legal information, not legal advice.
Words this turns on
Terms with a legal meaning that is narrower than the everyday one. Each links to the definition and the authority behind it.
- Fifth-degree assaultAn act done with intent to cause fear of immediate bodily harm or death, or intentionally inflicting or attempting to inflict bodily harm. A misdemeanor.
- Breach of the peaceThe one condition on a secured party that takes collateral back without judicial process, such as a car bought on credit. It may do that only if it proceeds without breach of the peace.
- Disorderly conductBrawling, fighting, or offensive, obscene, abusive, boisterous or noisy conduct or language, knowing it will tend to alarm, anger or disturb others or provoke an assault or breach of the peace. A misdemeanor.
- Gross misdemeanorAny crime that is not a felony or misdemeanor. Where no other penalty is set, it carries up to 364 days, a $3,000 fine, or both.