Due to the hour & my condition (Flu) I will only respond to a few of your points in this post.
As far as your above statement is concerned, anything at all can be argued in court. The rub is what argument the judge or jury will "Buy". If you argued your thoughts (about disturbing the peace requiring violence on the part of a defendant........I think you would be laughed right out of court & directly into the slammer!
(Example: you & I have had a verbal fight so I park my car outside your bedroom window at 2:00am & lean on the horn for an hour straight. The police come & tell me to stop but I say...."Since I haven't committed any acts of violence, you can't arrest me for disturbing the peace.)
Any criminal legal proceedings will ultimately end up in court to decide the "facts.", unless of course a plea deal is entered into.
The court trial, with judge or Magistrate, is
the whole ball of wax....Everything else is just preliminary window dressing & jockeying for position by both the defendant & prosecution.
A defendant can argue anything he wants.....I'm innocent because I was wearing shined shoes!....The judge/jury will decide which side they believe.