California Penal Code 415 makes it a crime to disturb the peace in public. This law covers actions like fighting in public, making loud or unreasonable noise that disturbs others, or using offensive words likely to start a fight. It’s often charged as a misdemeanor and can result in fines, jail time, or both.
Disturbing the peace is sometimes used as a lesser charge in place of more serious criminal offenses. Even though it may seem minor, a conviction can still affect your criminal record and future opportunities.
If you, a close family member, or an acquaintance has been charged with this infraction, get legal assistance. The team at Los Angeles DUI Lawyer is here to be a legal resource. We have helped thousands of people and are ready to connect you with skilled representation and explain how the California Penal Code impacts your case.
Understanding Penal Code 415 PC
Those unfamiliar with the state’s legal environment may think of a homeless person yelling obscene words at passing motorists on a busy street. It may also conjure up thoughts that the charge is for the noisy neighbor playing their stereo too loud, disrupting their neighbors’ sleep.
However, those who understand the state’s criminal justice system consider Penal Code 415 a “catch basin for minor transgressions.” It’s the use of various low-level charges to negotiate plea bargains to help defendants avoid immigration or employment consequences or have criminal records for judgment lapse.
California Penal Code 415 makes it illegal to do any of the following:
- Participate in an unlawful fight in a public space.
- Challenge another person to fight unlawfully in a public place.
- Willfully or maliciously disturb another individual through unreasonably loud noise.
- Use ethnic slurs or racial slurs in a verbal argument.
- Use offensive language that’ll likely cause an immediate violent reaction.
To find you guilty under §415(1), the prosecutor must show clear and convincing evidence that proves each part of the charge beyond a reasonable doubt. Also, they must prove that you showed malicious intent.
Penalties for Disturbing the Peace Charges
Disturbing the peace is considered a “wobbler crime, “which means the prosecutor can file it as a misdemeanor offense or infraction. This decision is generally based on filing the case according to the incident’s circumstances and your criminal history. Depending on the details of your case, you may face fines, jail time, and other penalties.
If you’re charged for disturbing the peace as an infraction, you’ll pay a maximum fine of $250. But if you’re convicted of the crime as a misdemeanor infraction, you may spend up to three months in county jail and pay up to $400 in fines.
Suppose you committed the crime on school grounds and aren’t an employee or student at the institution. In that case, you’ll face misdemeanor charges, which attract a maximum of 90 days in county jail, accompanied by a $400 fine.
But if you were previously charged under Penal Code 415 for the same crime or it’s your second crime of disturbing peace on school grounds, you face up to three months’ county jail sentence or a $1,000 fine.
What Must the Prosecution Prove for a Penal Code 415 Conviction?
Various disruptive activities can attract disturbing the peace charges under Penal Code 415 PC. Each of the crimes’ variations requires the prosecution to prove several unique factors. Depending on your lawsuit’s circumstances, the prosecution must prove that you committed the following elements of Penal Code 415.
In most cases, police give a few warnings before making an arrest or giving a citation for this charge. However, a police officer can arrest someone the first time they respond to a call if they believe it’s necessary.
Unlawful Fighting
If your charges involve unlawful fighting, the prosecution must prove that you unlawfully and deliberately fought someone else or challenged them to a physical fight in a public space.
Unreasonable Loud Noise
Suppose you allegedly went against California Penal Code 415 by making an unreasonably loud noise. In that case, the court must prove that you intentionally and maliciously disturbed those around you with loud and unreasonable noise.
For the noise to disturb another person, it must have presented an immediate risk of violence or must have been used to disrupt lawful activities. Loud cheers, playing games, or music may not lead to these charges because the activities aren’t intended to disturb others and pose an immediate danger of violence.
The police or a neighbor may request that you cease the unreasonably loud noise. If they do, but you decline, you’ll likely face disturbing the peace charges, and the court would then determine whether you acted willfully and maliciously.
Offensive Language
If you’re facing this charge, the prosecution must prove that you publicly made offensive utterances likely to provoke an immediate violent reaction. The judge and jury determine “offensive words” on a case-by-case basis.
If you provoked an immediate violent response, you must have made a statement that prompted the other individual to respond violently. A criminal defense lawyer in Los Angeles will review your charges.
Possible Defenses to Disturbing the Peace Charges
Your criminal defense lawyer can leverage several possible defenses to fight your disturbing the peace charges. The most effective and common defenses include:
Your Situation Lacks the Required Criminal Intent
The court shouldn’t declare you guilty of disturbing the peace if you’re sure that your words weren’t likely to provoke an instant violent reaction.
It Was an Act of Self-Defense
When you participated in unlawful fighting to defend yourself, the court can’t find you guilty under Penal Code 415. Self-defense is considered a legal defense.
You must have been defending yourself or someone else when:
- You’re confident that someone will likely suffer bodily harm.
- You reasonably believe that only force can protect you or someone else from harm.
- You used reasonably necessary energy to defend yourself or someone else against danger.
The First Amendment Protects Your Words
The court won’t find you guilty of disturbing the peace if you can show that you were simply practicing your First Amendment right to free speech.
You Were Wrongly Arrested Due to a False Accusation
You can face a false disturbing the peace accusation if you:
- Fell out with a vengeful neighbor who made false accusations against you
- Embarrassed someone else who sought revenge by accusing you of challenging them to a physical fight
- Argued with a law enforcement officer simply because they didn’t like your attitude or behavior, leading them to detain you out of spite
All these defenses can redeem you from the possible penalties of violating the CA Penal Code 415; an experienced criminal defense lawyer can influence your case outcome. They’ll protect your rights throughout the process and create a solid defense to exempt you from the charges or reduce the possible sentence.
Challenge the Evidence Used Against You
The court may decide to dismiss Penal Code 415 charges if your lawyer can successfully challenge the evidence the prosecutor plans to use. For example, if the evidence was collected illegally or lacks enough proof to support the charge, your attorney can file a motion to have it excluded.
In some cases, disturbing peace charges might also be dropped if a police officer violates your constitutional rights, such as making an arrest without probable cause or failing to read you your rights. When these issues are brought to the court’s attention, the judge may rule that the case cannot continue.
Let an Experienced Criminal Defense Attorney Work on Your Defense
Your choice of legal counsel will determine how the lawsuit you’re facing for unreasonable noise charges will end. Depending on the details of your case, you may face criminal charges for disturbing the peace.
Cut the uncertainties and worries by working with Los Angeles DUI Lawyer. Our experienced team understands Penal Code 415 and will put you in touch with skilled legal representation. Your attorney will offer guidance and professional legal support.
Contact Los Angeles DUI Lawyer today to schedule a free evaluation of your disturbing the peace offense. We will be a legal resource and explain the ramifications of the charges you face to help protect your future.
