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What Is Considered Disturbing the Peace in Mississippi?

If you have been charged with disturbing the peace in Mississippi, or if someone you care about is facing that charge, I want you to understand exactly what it means, what the law says, and what your options are.

I am Mike Holleman, and I have been practicing criminal defense law in Gulfport since 1981. Over that time, I have seen how a charge that may seem minor on its face can ripple through a person’s life in ways that are anything but minor. My goal on this page is to give you the honest, detailed information you need to make informed decisions about your case.

If you or a loved one is facing disturbing the peace charges on the Mississippi Gulf Coast, I invite you to call my office at 228-868-0064 for a free case evaluation.

What Is Disturbing the Peace Under Mississippi Law?

Disturbing the peace in Mississippi is governed primarily by Mississippi Code Section 97-35-15. The statute is broad by design. It applies to any person who disturbs the public peace, or the peace of others, through a wide range of conduct or language. Because the law casts such a wide net, charges can arise from situations that may seem, at first, like nothing more than a heated moment or a neighborhood dispute.

The full text of Section 97-35-15 covers the following categories of behavior:

violent conduct or language,
loud or boisterous conduct,
insulting conduct or language,
profane conduct or language,
indecent or offensive conduct or language,
intimidation or attempts to intimidate another person,
conduct calculated to provoke a breach of the peace, and
conduct that may lead to a breach of the peace.

The statute closes with a catch-all phrase that encompasses any other act that disturbs the public peace. That phrase alone tells you how broadly Mississippi courts can apply this law.

It is also important to understand that Section 97-35-15 does not stand alone. Mississippi has a cluster of related public peace statutes that prosecutors may use depending on the facts of a situation. Section 97-35-7 addresses disorderly conduct, specifically the failure or refusal to comply with a law enforcement officer’s lawful command to move, disperse, or otherwise prevent a breach of the peace. Section 97-35-9 covers disturbances caused by explosions, noise, or offensive conduct. Section 97-35-11 addresses disturbances involving abusive language or indecent exposure in public. Depending on what happened in your case, one or more of these statutes may come into play, and it is essential to have an experienced Gulfport disturbing the peace defense lawyer by your side who understands how they interact.

What Behaviors Are Covered Under Mississippi’s Disturbing the Peace Law?

In my years of practice, I have seen disturbing the peace charges arise from a remarkably wide range of situations. Some of the most common behaviors that lead to a charge under Section 97-35-15 include the following:

Loud or boisterous conduct is one of the most frequently cited bases for a disturbing the peace charge. This can mean playing music at extreme volumes in a residential neighborhood late at night, shouting in a public space in a way that alarms those around you, or engaging in any kind of noise that unreasonably disrupts the environment for others.
Violent conduct or threatening behavior is another common basis for these charges. You do not necessarily have to strike someone. Conduct that puts another person in reasonable fear of violence, including aggressive physical gestures or threatening movements in a public space, can satisfy the statute.
Offensive or profane language in public can also trigger a charge, though this area of the law requires careful analysis because not all offensive speech loses its constitutional protection simply because it offends someone. The key question is whether the language was directed at a specific person in a way that was likely to provoke an immediate violent reaction. I will address the First Amendment dimension of these cases in more detail below.
Intimidating behavior, even without physical contact or explicit threats, falls within the statute. Mississippi Code Section 97-35-15 specifically includes seeking to intimidate any other person as a covered act. This means that sustained, targeted conduct designed to make someone fear for their safety can form the basis of a charge even without overt threats.
Conduct calculated to provoke a breach of the peace rounds out the core categories. This is an intentional standard. The prosecution must show that your conduct was aimed at, or was reasonably likely to produce, a breakdown of public order. What this means in practice is that the context of your behavior matters enormously.

Is Disturbing the Peace the Same as Disorderly Conduct in Mississippi?

This is a question I hear often, and the distinction is worth understanding clearly. Disturbing the peace under Section 97-35-15 and disorderly conduct under Section 97-35-7 are related offenses, but they are not identical.

Disturbing the peace focuses on what you did, meaning the conduct or language that created the disturbance. Disorderly conduct under Section 97-35-7 focuses specifically on what you failed to do, which is to comply with a law enforcement officer’s lawful command. If an officer was present at a scene and gave you a lawful instruction to stop what you were doing, leave the area, or otherwise prevent a breach of the peace, and you refused or failed to comply, that refusal is the basis for the disorderly conduct charge, separate from and in addition to whatever underlying conduct brought the officer to the scene.

In practical terms, a single incident can produce both charges. If you were involved in a loud public altercation and then refused to comply when an officer told you to stop, you could face charges under both Section 97-35-15 and Section 97-35-7. There is also an aggravated version of disorderly conduct under Section 97-35-7 that can be charged as a felony in certain circumstances, carrying penalties far more serious than the standard misdemeanor. The aggravated version generally involves situations where the failure to comply created a heightened risk of serious harm.

What Are the Penalties for Disturbing the Peace in Mississippi?

A conviction for disturbing the peace under Section 97-35-15 is a misdemeanor. Under the statute, the maximum penalties upon conviction are a fine of up to $500, imprisonment in the county jail for up to six months, or both. The court may also impose court costs and fees on top of any fine, and depending on the circumstances, a judge may order community service or probation as part of the sentence or as part of a plea agreement.

I want to be direct with you about what a misdemeanor conviction actually means for your life beyond the immediate penalties. A conviction under this statute creates a permanent criminal record. That record may show up on background checks conducted by employers, landlords, professional licensing boards, and educational institutions. In Harrison County and across South Mississippi, I have seen clients lose job opportunities, housing applications, and professional licenses because of misdemeanor convictions they assumed were minor. The consequences are real, and they persist.

If you are facing charges under the aggravated disorderly conduct provisions of Section 97-35-7, the stakes are considerably higher. A felony conviction under that section can carry up to five years in state prison and a fine of up to $2,000, along with the full weight of a felony record, including the potential loss of voting rights, the right to possess firearms, and other civil consequences.

If you are facing a disturbing the peace charge in Gulfport or anywhere in South Mississippi, please call my office at (228) 868-0064. A free consultation costs you nothing, and understanding your options early can make a significant difference in how your case unfolds.

Can You Be Arrested for Disturbing the Peace in Mississippi?

Yes. Because disturbing the peace is a criminal charge rather than a civil infraction or a simple ticket, law enforcement officers in Mississippi have the authority to arrest you on the spot if they believe you are committing the offense. An officer who witnesses the conduct firsthand, or who responds to a complaint and forms the opinion that a disturbance is occurring or has occurred, can take you into custody immediately.

Once you are arrested, you will be taken in for booking, which involves fingerprinting and photographing for an official criminal record. That arrest record exists even if the charges are later dismissed or you are found not guilty at trial. This is one of the reasons I advise people to take these charges seriously from the very beginning. The arrest itself has consequences that can linger even if the charge does not result in a conviction.

What Are the Defenses to a Disturbing the Peace Charge in Mississippi?

A charge is not a conviction, and there are well-established legal defenses that I examine carefully in every disturbing the peace case I handle. The right defense depends entirely on the specific facts of your situation, but the following are the most common and most significant.

First Amendment protections. The United States Constitution protects a broad range of expression, including speech that is offensive, provocative, or politically controversial. Not every instance of profane or insulting language in a public space is criminally punishable. Under the constitutional doctrine established in cases like Cohen v. California, mere offensiveness does not strip speech of its First Amendment protection. What Mississippi law can criminalize is what courts call fighting words, meaning language directed at a specific person that is so personally abusive and likely to provoke an immediate violent reaction that it falls outside constitutional protection. The line between protected speech and criminal fighting words is not always obvious, and this is an area where careful legal analysis of the facts can make or break a defense.
Lack of intent. The disturbing the peace statute requires conduct that is either actually disruptive or at least calculated to provoke a breach of the peace. If your behavior was accidental, if you were reacting to provocation from someone else, or if the circumstances were misread by law enforcement, these facts can support an argument that the necessary intent was absent. Intent is not always easy for the prosecution to prove, and I examine that element closely in every case.
No actual or likely disturbance. The statute requires either an actual disturbance or conduct reasonably calculated to cause one. If the alleged conduct occurred in a setting where it had no meaningful effect on others, where no one was actually alarmed or disturbed, or where the only witness was the arresting officer, there may be a viable argument that the legal standard was not met.
Private setting. Section 97-35-15 is designed to protect the public peace. Conduct that occurs entirely on private property, in a private residence, or in a private setting that does not spill over into the public sphere may not satisfy the statute, depending on the specific circumstances.
Credibility and evidentiary challenges. Many disturbing the peace cases come down to one person’s word against another’s. I examine every piece of evidence in these cases, including police reports, body camera footage, witness statements, and any available surveillance video. Inconsistencies in witness accounts, gaps in the police report, or evidence that contradicts the prosecution’s version of events can all be used to challenge the charge.
Mistaken identity. In chaotic or crowded situations, it is not uncommon for law enforcement to arrest the wrong person. If there is any question about whether you were actually the individual responsible for the alleged conduct, that question belongs in front of a judge or jury.

What Should I Do After Being Charged with Disturbing the Peace in Mississippi?

The steps you take immediately after an arrest or charge can have a significant impact on how your case develops. Here is what I advise every client who comes to me after a disturbing the peace charge.

First, exercise your right to remain silent. You are not required to answer questions from law enforcement officers beyond providing your identification. Officers are trained to gather statements that can be used against you, and even a well-intentioned explanation of what happened can be taken out of context. The time to tell your side of the story is in court, with legal counsel by your side.

Second, do not argue with officers at the scene. If you believe the arrest is unjust, that argument belongs in court. Resisting, arguing, or refusing to comply with law enforcement at the scene can result in additional charges and will not help your situation.

Third, document everything you remember as quickly as possible. Write down the sequence of events, who was present, what was said, and any details that might provide context for your conduct. Memories fade quickly, and a detailed account written within hours of the incident can be invaluable to your defense.

Fourth, identify and contact any witnesses. If anyone was present who observed what happened and can speak to the facts as you experienced them, get their names and contact information. Independent witness testimony is often the most powerful evidence in a disturbing the peace case.

Fifth, contact a disturbing the peace defense attorney in Gulfport as quickly as you can. Early involvement by a criminal defense attorney allows for investigation while the facts are fresh, provides an opportunity to review any available video evidence, and in some cases creates an opening to address the matter with prosecutors before it escalates. The earlier I am involved in a case, the more options I have to work with.

Why I Take Disturbing the Peace Cases Seriously

I grew up watching my father, Boyce Holleman, stand in courtrooms across South Mississippi and fight for people who needed someone in their corner. My father served as District Attorney for South Mississippi from 1953 to 1972 and spent the rest of his career as a trial attorney known throughout the country for his skill and his character. What I learned from him was not just how to try a case. I learned that the measure of a lawyer is whether he genuinely cares about the person sitting across from him.

I graduated magna cum laude from the University of Mississippi School of Law and was admitted to the Mississippi Bar in 1981. I have spent the years since then representing individuals facing serious legal challenges throughout Harrison County and South Mississippi. I have seen what happens to people who walk into court without adequate representation on what a prosecutor or judge might treat as a routine matter. A misdemeanor on your record is not routine. It follows you.

When you retain me as your disturbing the peace attorney, you will have direct access to me throughout your case. You will not be passed to a paralegal. You will not receive a form letter. You will have an attorney who has read every document in your file, who has thought carefully about the strengths and weaknesses of your case, and who will sit with you and explain exactly where things stand and what your options are.

If you or someone you love has been charged with disturbing the peace in Gulfport, Biloxi, Ocean Springs, Long Beach, Pass Christian, Bay St. Louis, Pascagoula, or anywhere across South Mississippi, I am ready to help. Call Holleman Law Firm, PLLC at (228) 868-0064 to schedule a free consultation. Let us talk through what happened, what you are facing, and what I can do to protect your future.

Serving Gulfport, Biloxi, and All of South Mississippi

Holleman Law Firm, PLLC is located at 2004 24th Avenue in Gulfport, Mississippi. I represent clients in Harrison County, Hancock County, Jackson County, and throughout the Gulf Coast region. Whether your charge arose in Gulfport Municipal Court, the Harrison County Justice Court, or a court in any surrounding community, I am familiar with the local courts, the local prosecutors, and the local procedures that shape how these cases move through the system.

South Mississippi is my home. I have deep roots here, and that connection matters. I am not just handling your file. I am representing a neighbor, and I approach every case with that sense of personal responsibility.

Call my office today at 228-868-0064 to learn more about how I can tenaciously defend your rights.