Posted on April 15, 2015
California P.C. 415: Disturbing The Peace
In California, disturbing the peace can occur through offensive words, fighting, or playing loud music. Usually individuals are arrested or cited under this statute that is completely subjective on part of the police officer or the person who complained. It’s important to note that the activity of the defendant is measured objectively.
Elements of the Crime
In order to be found guilty of disturbing the peace, the prosecutor must prove beyond a reasonable doubt:
1. Defendant maliciously and willfully disturbed another
2. The other person was in a building or on the same grounds
3. Defendant was fighting, disrupted local activities, or used offensive words
Punishment for Disturbing the Peace
If convicted of disturbing the peace, one can face 90 days of incarceration in the county jail. Additionally, up to three years of court ordered probation along with court fines and fees. However, a skilled criminal defense attorney may be able to get the charges dismissed via informal diversion and one will not have to serve a day in jail or be placed on probation.
Defenses to Disturbing the Peace
There are a number of defenses available for persons arrested or cited under this statute. For instance, one must act willfully with the specific designed purpose of committing a violation. Furthermore, as explained above, the alleged disturbance was too subjective and not objective to the reasonable person.
Free Los Angeles Disturbing the Peace Lawyer Consultation
For more information, or if you have been arrested or cited for disturbing the peace, contact Los Angeles Criminal Defense Attorney John Rogers at the Law Offices of John D. Rogers located at 1801 Century Park East, 24th Floor, Los Angeles, CA 90067. Call 877-888-9820 for a free confidential consultation concerning your rights and defenses. Mr. Rogers is available 24 hours a day, 7 days a week.