If you’re reading this, chances are you’ve been slapped with a criminal charge: fighting, breach of the peace, disturbing the peace, or some variant thereof. You might feel shocked, confused, scared. You might be asking: “Is this serious? What’s next? Can I beat it?”
You’re not alone. Many people facing these charges feel overwhelmed. But the good news is: you still have rights, and a strong defense strategy can make a big difference in the outcome. Below is what you should know — and what steps to take right now.
Understanding the Charge: Fighting / Disturbing the Peace
Before reacting, it’s important to understand exactly what the charge means in your jurisdiction. While laws differ by state and county, here are common features:
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Fighting / Assault-type offense: This typically involves engaging in a physical altercation, mutual combat, or striking someone.
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Disturbing the Peace / Breach of the Peace: This is broader. It can include fighting, making loud noises, provoking a fight, public brawling, or conduct likely to incite violence or alarm others.
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Misdemeanor classification: In many places, these are classified as misdemeanors (e.g. Class C, B, or A), depending on severity, prior record, injuries, etc.
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Potential consequences: Fines, community service, probation, possible jail time (especially for repeat offenders), court costs, and criminal record impact.
Because “fighting” and “disturbing the peace” overlap in some elements, prosecutors will look to your conduct, witnesses, video, and your history to build a case.
Why the Charge Can Be More Serious Than It Sounds
It’s tempting to think, “It was just a scuffle — no big deal.” But risks are real:
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Aggravation by circumstances: If a weapon was involved, someone got hurt, or there’s history between parties, the prosecution may seek harsher penalties.
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Impact of criminal record: Even a misdemeanor on your record can affect employment, housing, professional licenses, etc.
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Plea pressure: Prosecutors often push for plea deals. Without experienced counsel, you might accept more than necessary.
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Collateral orders: The court might impose protective orders, no-contact orders, or other restrictions even before trial.
What You Should Do Immediately
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Stay calm, but don’t act rashly.
Avoid attempts to intimidate witnesses, contact the alleged victim (if prohibited), or take matters into your own hands. -
Hire an experienced criminal defense attorney.
You want someone who understands local rules, case law, and the ins and outs of assault / peace disturbance defenses. -
Get and preserve evidence.
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Photos or video from the scene (e.g. smartphone camera, security footage).
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Witness statements and contact info.
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Any records of communications (texts, calls) before or after the incident.
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Medical records if injuries occurred (even minor ones).
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Request discovery and review the state’s evidence.
The prosecutor must provide you with all evidence they intend to use. Your attorney can push for evidence like police reports, body cam footage, 911 calls, or witness statements. -
Prepare to challenge the elements.
A successful defense may hinge on proving:-
That the conduct did not meet the legal definition (for example, it wasn’t “public” or “disturbing”).
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That your version of events is credible and raises reasonable doubt.
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That witnesses are inconsistent or unreliable.
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That procedural or constitutional violations occurred (illegal search, biased arrest, lack of probable cause).
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Negotiate or litigate strategically.
Sometimes lowering charges or obtaining deferred adjudication is possible. Other times going to trial is best—especially if the prosecution’s case is weak.
Possible Defense Strategies
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Mutual combat / consent: If both parties willingly engaged, some jurisdictions treat that differently.
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Lack of disturbance: Arguing the conduct did not materially disturb the peace or no one reasonably felt threatened.
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Self-defense / defense of others: If you reasonably believed force was necessary to protect yourself or someone else.
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Inadequate evidence: If there’s no credible proof of your identity, involvement, or that a crime actually occurred.
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Procedural errors: If your rights were violated (unlawful stop, search, arrest, etc.), your attorney can file motions to suppress evidence.
What to Expect in Court
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Arraignment / first appearance: You’ll hear the formal charge, and enter a plea (typically “not guilty”).
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Bail / bond / release conditions: Your attorney will argue for reasonable bail or release terms.
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Pretrial motions: Your attorney may file motions to suppress evidence, dismiss the case, or force the prosecution to reveal weaknesses.
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Plea negotiations: Many cases conclude here, with reduced charges or alternative resolution.
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Trial: If no agreement is made, your case may go to trial.
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Sentencing or dismissal: If convicted or if a plea is accepted, sentencing or probation terms will be imposed.
Tips for Your Best Outcome
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Be truthful with your lawyer — full disclosure strengthens strategy.
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Avoid talking to police or prosecutors without your attorney present.
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Follow court orders strictly, including no-contact and appearance obligations.
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Stay organized & communicate: track court dates, share reminders with your attorney.
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Don’t underestimate mitigation: your character, community ties, lack of prior record, or remorse might soften consequences.
Final Thoughts
A charge for fighting or disturbing the peace may seem “minor” on the surface, but it can carry real consequences — especially if mishandled. With the right defense team, strategic investigation, and smart decisions, you significantly improve your chances for a favorable resolution.
If you’re in our area (Dallas, Fort Worth, or surrounding Texas jurisdictions), we at the Criminal Defense Law Offices of Randall B. Isenberg have deep experience defending assault and peace disturbance cases. Let us review your case, protect your rights, and explore your best options. Call us for a free case evaluation at 214-696-9253.
