California Penal Code 415 PC – 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. Disturbing the peace is charged under penal code 415 pc making it a crime to willfully or maliciously disturb another with offensive words, disruptive activity, or altercation. Despite the statute vagueness, it as survived several constitutional challenges.
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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
PC 415 is punishable in the county jail for up to 90 days. 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.
Contact Us to Schedule a Free Consultation
For more information, or if you have been arrested or cited for disturbing the peace under PC 415, then contact an Newport Beach criminal defense attorney at the Law Offices of John D. Rogers for a free confidential consultation concerning your rights and defenses.