You could be convicted of CA disturbing the peace, Penal Code 415, if you’re caught doing any of the following:
Disturbing the peace, Penal Code 415 PC can be charged as either a misdemeanor or an infraction. If the incident is cited as an infraction you face a fine up to $250 without any jail time. However, if the prosecutor charges you with a misdemeanor you can face:
The first crime encompassed in CA disturbing the peace, Penal Code 415 is that you willfully and unlawfully fought or challenged someone to a fight in a public place. Willfully is defined by the state as deliberately, or, on purpose. It’s important to note that if you were defending yourself then you can’t be charged with CA disturbing the peace, Penal Code 415, the state has a self-defense law that serves as a legal defense for anyone who reasonably believes that another person is going to hurt them.
However, it’s important to note that there are limitations and guidelines as to what constitutes self-defense:
The second crime covered by CA disturbing the peace, Penal Code 415 is that you were disturbing others with loud or malicious noise. This typically pertains to defendants who were having a large party or gathering and the noise level was unreasonably loud. There are two elements of the crime that must be satisfied for this conviction:
The terms willfully and maliciously pose a problem for prosecutors because the state defines these words strictly. In legal terms, the noise has to present a danger of violence, or, the noise must be used for disrupting lawful activities.
The third and final crime encompassed under CA disturbing the peace, Penal Code 415 PC is if you used offensive words is public. The offensive words must have been spoken in public and must be used to provoke a violent reaction. In other words, if you were taunting another person while using offensive words you could be cited for disturbing the peace, Penal Code 415 PC.
It can be difficult to prosecute an unlawful fighting conviction because there has to be proof that you weren’t acting in self-defense. The prosecutor must prove that you weren’t protecting yourself or another person, but were merely fighting to fight.
It can also be difficult for a prosecutor to convict you for a noise violation because of the strictly defined words used in the law’s phrasing and the lack of a victim. To be convicted or cited for CA disturbing the peace, Penal Code 415 there has to be a victim, or someone who is affected by the noise. In other words, you can’t be arrested for disturbing the peace, Penal Code 415 PC if there hasn’t been a complaint about the noise level. The law clearly states the the noise must disturb another person.
However, if a police officer asks you turn down the source of the noise and you refuse then you can be convicted. Because at that point you are acting willfully and maliciously.
It’s difficult to prosecute someone for using offensive language in public because of the First Amendment. The First Amendment grants citizens the right to freedom of speech. The aim of CA Penal Code 415 is not to convict people for using vulgar or disrespectful words, but it does aim to convict people who use words to create violence. In other words, the law aims to punish people who use fighting words. A prosecutor must prove that a defendant was not expressing his or her ideals, but instead was trying to start a physical altercation.
A skilled criminal defense attorney will know several approaches for defending you against disturbing the peace, Penal Code 415 PC violation. First and foremost, a criminal defense attorney will prove that you weren’t acting willfully, maliciously, or trying to create violence. If your attorney can prove any of these elements then a conviction should not take place because those actions are the necessary components of a conviction.
Secondly, an attorney will try and prove that you were the victim of a wrongful arrest. If you were placed under arrest for disturbing the peace, Penal Code 415 PC when in actuality you were doing nothing wrong then the case should be dismissed. Your criminal defense attorney will prove that the police officer did not have the right to place you under arrest by reviewing the details of the case and showing these findings to the court.
Finally, your attorney can show that your actions were protected by the First Amendment. If you were peacefully exercising your First Amendment rights then you shouldn’t be charged for CA Penal Code 415.
If you or a loved one is being charged with Disturbing the Peace, Penal Code 415 PC we invite you to contact us immediately for a free case review. Schedule an appointment to meet with us in person, or feel free to submit an evaluation online and we will get in contact with you ASAP. We can provide a free consultation in our office, or by phone. Our experienced and assiduous Criminal Defense Attorneys will be sure to fight until the end to reduce or drop your charges completely.
Call LAW MART for a FREE Case Review: 310-894-6440
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