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Disturbing the Peace: Understanding California Penal Code 415
Disturbing the peace is a crime in California categorized under the California Penal Code 415. The law provides various forms of infractions that can be deemed as a violation of public peace. A person can breach public peace law in several ways by fighting or challenging someone else to fight in a public area, willfully harassing another person with loud and unreasonable noise, or using language that offends in public, particularly if designed to engage another in an altercation.
What Constitutes Disturbing the Peace?
The instances of breaching public peace laws may include starting a fight in a public place such as a bar, or any other public place, arguing with neighbors and then tormenting them in a noisy vehicle, or turning up the music so loudly as to disturb the neighbors. Moreover, any malicious comment or racial slur can be deemed as a violation of public peace law if repeated to provoke a fight. These behaviors cover the three-pronged jurisdiction of unlawful fighting, unreasonable noise, and offensive language.
Exceptions and Restraints
There are some specific restraints on charges of disturbing the peace. For instance, if the fight or challenge occurred in a public place, but an individual was defending oneself or someone else against imminent danger, it can be justified. Similarly, if the noise disturbance attributed to you was unintentional or the questionable words spoken by you were not designed to be offensive, you may have your case dismissed. Other exemptions may include participating in a political protest with loud proclamations through a bullhorn or microphone or wearing a T-shirt that is perceived as offensive, proclaiming your ideology or religion. With the help of proper legal counsel, you may be able to present grounds of amendment-protected speech in such circumstances.
Penalties for Disturbing the Peace
There are two types of penalties for disturbing the peace, infraction, or misdemeanor. The judge usually makes the determination between the two based on the defendant’s previous criminal history. An infraction carries a maximum fine of $250, and you will not be required to go to jail. However, if the defendant is accused of misdemeanor disturbance of the peace, they may receive penalties of informal probation, a possible fine of $400, and up to 90 days in the county jail.
False Accusations of Disturbing the Peace
False accusations of disturbing the peace are quite common. These accusations may be made because of a vengeful neighbor, being falsely accused of starting a physical altercation, or being detained by a police officer who did not like your demeanor and decided to charge you with something. Due to the ambiguous nature of the disturbing the peace laws that can be used to harm innocent parties through the courts, it is to have the legal counsel of a Los Angeles criminal attorney, who can help you against such baseless accusations.
How a Defense Attorney can help you?
If you are charged with disturbing the peace, you can call a Los Angeles criminal attorney today for help. A legal consultation will be provided for you to work with the lawyer to assess just what grounds the charges present. The courts must prove that you maliciously and willfully caused disturbance by unreasonable noise or using provocative language or engaging in a public fight to charge you with a violation of California Penal Code 415. A Los Angeles criminal defense lawyer is prepared to assist and defend you against charges of disturbing the peace, providing the support and guidance you need to resolve your case.
Table For What Constitutes Disturbing The Peace
| Form of Infractions | Description |
|---|---|
| Fighting or challenging someone to fight in a public area | Starting a fight in a bar or other public area |
| Willfully harassing another person with loud and unreasonable noise | Arguing with neighbors and then roaring up and down the street in a noisy vehicle |
| Using language that offends in public | Repeating a malicious comment or racial slur to another when a fight is imminent if the comment is repeated |
Table For Restraints
| Restraints | Description |
|---|---|
| Justification | The fight or challenge occurred in a public place but you were defending yourself or another against imminent danger. |
| Noise Disturbance due to Unintentional Conduct | The noise disturbance attributed to you was unintentional. |
| Questionable Words | The questionable words spoken by you were not reasonably believed to be offensive. |
| Exemptions | Participating in a political protest with loud proclamations through a bullhorn or microphone or wearing a T-shirt perceived to be offensive proclaiming your ideology or religion. With proper legal counsel, you may be able to present grounds of amendment-protected speech in these circumstances. |
Table For Penalties
| Penalties | Description |
|---|---|
| Infraction | A maximum fine of $250, and defendant will not be required to go to jail |
| Misdemeanor | Informal probation, a possible fine of $400, and up to 90 days in the county jail. |
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