Individuals can face charges under California Penal Code §415: Disturbing the Peace for several reasons. The court system uses this charge to handle some fights, noise violations, and the use of offensive language.
A conviction under PC 415 can result in fines, jail time, and other penalties. A Los Angeles criminal defense lawyer can help you learn more about these charges and review potential defenses to help you face an accusation head-on.
Legally Defining California Penal Code §415: Disturbing the Peace
There are three major types of disruptive activity restricted by PC 415. Individuals may face criminal charges for disturbing the peace by:
Unlawfully Fighting
Individuals who challenge another person to a fight or actually fight can face charges for disturbing the peace. The fight or violent reaction must occur in a public place for a PC 415 violation to occur.
Acting to defend yourself or another person does not constitute a PC 415 violation.
Criminal defense attorneys can provide more information about violent reactions and how they tie into disturbing the peace.
Making Loud and Unreasonable Noise
PC 415 forbids individuals from making unreasonable amounts of loud noise for malicious reasons. This unreasonable noise must occur along with a clear risk of violence.
Individuals could also face charges for disturbing the peace if they make unreasonable noise to disrupt the lawful activities of others.
This activity could lead to other charges, like California Penal Code Section 302: Disturbing a Religious Meeting or California Penal Code Section 403: Disturbing a Public Meeting.
Using Offensive Language
Individuals use offensive language if they say something that will likely lead to a violent response. Anytime someone says something that will likely cause someone else to react violently in public, they could face PC 415 charges.
When discussing disturbing the peace, offensive language does not necessarily mean profanity. Anything that can spur another person to violent rage can be considered offensive language.
Penalties for a Conviction Under PC 415
Depending on the circumstances surrounding a charge of disturbing the peace, an individual could face an infraction or misdemeanor charge.
Infractions are not considered criminal offenses in courts around Los Angeles. Therefore, an individual facing an infraction must pay a small fine, typically $250 or less, to resolve the issue.
Misdemeanor disturbing the peace charges are more severe and will appear on your criminal record after a conviction unless a lawyer later expunges them. A misdemeanor conviction can lead to:
- Jail time of up to 90 Days
- Fines of up to $400
- Probation
Note that individuals may face other penalties if charged with acts related to disturbing the peace. For example, violence provoked by individuals accused of disturbing the peace could lead to severe charges of assault and battery.
Convictions for these acts can result in harsher penalties, including a longer period of time spent in county jail. Fortunately, a Los Angeles violent crimes lawyer can help with these charges.
Even the environment where the disruption occurs can be a factor in your case, as California Penal Code Section 415.5 sets specific penalties for disturbing the peace on school grounds. Fortunately, a lawyer can build a legal defense after your arrest.
Defenses for Individuals Accused of Disturbing the Peace
For many charges relating to disturbing the peace, the prosecution has to establish intent to disturb the peace. For example, you must be proven to have intentionally started or provoked a fight or maliciously caused the noise.
Disturbing the peace with offensive language, however, simply requires evidence that words were inherently and reasonably likely to provoke aggression. Prosecutors must also establish that these actions took place in a public area.
With these burdens in mind, the defense can take many different routes to disprove the charges or lead to their reduction or dismissal. There are several defenses that can be effective in beating charges for disturbing the peace, including:
You Were Acting to Defend Yourself
Individuals accused of publicly fighting may be able to prove that they were only acting in self-defense. You can legally protect yourself and others in the Los Angeles area.
You Were Not Being Loud Maliciously
Individuals must act with ill intent to face a conviction under PC 415. If you are a naturally boisterous person who inadvertently disturbed others, you should not face a conviction for disturbing the peace.
You did Not Realize You Were Upsetting Anyone
The court considers offensive language to be words that infuriate other people. If you did not know you were making anyone angry, you may avoid a conviction for disturbing the peace.
You can contact a criminal defense lawyer in Los Angeles to discuss whether any of these defenses would be suitable for your situation:
How Do Lawyers Resolve Disturbing the Peace Charges?
Lawyers may use several methods to resolve charges for California Penal Code §415: Disturbing the Peace. Depending on your circumstances, they may focus on:
Getting Charges Dismissed
The court may dismiss PC 415 charges if your lawyer can block the prosecution’s evidence or show that a police officer violated your rights during or after your arrest. If the court dismisses your charges, you should not face months in county jail or other penalties.
Getting Charges Reduced
Your attorney may also suggest that you take a plea bargain to reduce your charges in some cases. A plea bargain requires you to accept guilt for a less severe charge. The prosecution may offer this kind of deal based on your criminal history.
Some plea bargains work against your best interest, so it’s essential that you allow a lawyer to consider the offer before you accept.
Representing You in Court
A lawyer can represent you in court if your misdemeanor charge goes before a judge and jury. Lawyers work to establish reasonable doubt that you committed a criminal act. For example, a lawyer may argue that you acted without criminal intent.
You can learn more about your legal options with a risk-free initial consultation from a criminal defense law firm.
You Can Speak With a Professional about Disturbing the Peace Charges
It can be challenging to know what to do next if you face charges under California Penal Code §415: Disturbing the Peace.
Fortunately, you can contact the professionals at the Simmrin Law Group for immediate legal advice. You can reach us easily. Just call or complete our online contact form.
We provide individuals accused of disturbing the peace with a FREE initial case evaluation. Take the first step to fighting for your rights and preparing your defense with a free consultation with our California legal team.