Penal Code 415 PC addresses acts that are considered “disturbing the peace.” Typically, this is defined as disruptive behavior in public. Arrests for disturbing the peace on its own are relatively uncommon. However, this charge is often used as a secondary charge when being arrested for something else.
If you have been accused of disturbing the peace, Silver Law Firm can help. Our legal team can help you with California Penal Code matters. We’ve served over 10,000 clients. Reach out today to schedule a consultation.
What Is Penal Code 415 PC – Disturbing the Peace?
Penal Code 415 PC, or disturbing the peace, can include any action that is considered disruptive behavior and occurs in (or intrudes on) public places. For example:
- Fighting in a public place or trying to incite a fight with someone else in a public place.
- Knowingly making loud noises, with the intent of disturbing others.
- Using provocative words, such as insults or threats, to provoke a reaction in others.
Disturbing the peace may be an additional charge when you are arrested for another offense. For example, disturbing the peace may be an add-on in charges involving:
- Public urination.
- Domestic violence.
- Resisting arrest.
- Trespassing.
- Public intoxication.
- Solicitation.
- Criminal threats.
When added to other charges, it can feel intimidating, as you may be looking at more extended jail time and higher fines. If you’ve been charged, our Oakland criminal defense lawyers can handle your case.
For a free legal consultation with a penal code 415 pc – disturbing the peace lawyer serving California, call (510) 995-0000
Is Penal Code 415 PC Charged as a Misdemeanor?
Yes, disturbing the peace can be charged as a misdemeanor. Depending on the specific case, it may be charged as an infraction instead. With a misdemeanor, you face harsher penalties than with an infraction.
Infractions are non-criminal offenses. They typically are punished with a fine of up to $250 and do not result in jail time.
Misdemeanors are criminal offenses. They can carry a punishment of up to 90 days in county jail and a fine of up to $400.
California Penal Code 415 PC – Disturbing the Peace Lawyer Near Me (510) 995-0000
How Can a Criminal Defense Lawyer Help If You Were Charged With Penal Code 415 PC–Disturbing the Peace?
If you were charged with disturbing the peace, or it was an additional charge with another criminal matter, a defense attorney can help protect your legal rights and your future.
At Silver Law Firm, we will handle every step of your case. We can:
- Investigate the original arrest.
- Gather evidence to support your defense.
- Analyze the evidence used by the prosecution.
- Handle plea deals when applicable.
- Represent you in court, if necessary.
- Advocate for a lesser sentence, if applicable.
Our testimonials speak to the care and commitment of our legal team to every case we take on:
- “From the communication, attention to detail, excellence in negotiation, tact, and knowledge of the ins and outs of the system. I saw the two of them work tirelessly to the best result possible — dismissal.”
- “I guarantee you’ll feel represented to the fullest extent of the law and a load lifted off yourself!”
- “Thanks for sticking up for me when no one else did. I won’t forget.”
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What Are Common Defenses in Penal Code 415 PC Cases?
While every defense strategy depends on the specific circumstances of the case, there are some more common defenses for disturbing the peace cases. These include:
- Self–defense: You fought after being attacked.
- First Amendment rights: Your speech was not threatening or violent, so it falls under your First Amendment rights
- Lack of intent: You did not intend to disturb others.
Your lawyer from Silver Law Firm may also look into other aspects of the arrest, such as whether the arresting officer had probable cause.
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What Evidence May Be Used Against You?
Evidence used against you in a disturbing the peace case can include:
- Witness testimony: Such as from those nearby who can attest to loudness or that you provoked someone verbally.
- Police reports or officer statements: These may describe the initial complaint, your behavior, and the arrest.
- Audio or video recordings: These are often vital evidence, as they may show a fight or have recorded the level of noise.
- Confession: Your own admissions or confession can have a huge impact on your case.
The prosecution will need to use this evidence to prove key elements like:
- Intent: The action was intentional or reckless.
- Impact on the public: Others were provoked or disturbed by your actions.
- Unlawfulness: The action is not protected by your First Amendment rights.
What Should You Do If You Are Arrested?
Facing an arrest for disturbing the peace is scary. There are a few actions, though, that can help with your defense. You should:
- Be polite to the arresting officer. Do not raise your voice.
- Do not resist arrest, as this may add additional charges.
- Ask to speak with a criminal defense attorney.
- Invoke your right to remain silent. Remember that your statements can be used against you, even if you feel like you are defending yourself.
- Comply with the booking process.
- Follow your lawyer’s legal advice.
- Comply with any legal conditions, such as bail terms.
Contact Silver Law Firm About Penal Code 415 PC -Disturbing the Peace Charges
If you were charged with or arrested for disturbing the peace, Silver Law Firm is here to help. Our lawyers can handle the entirety of the legal process, ensuring you have confidence in the legal steps you are taking.
We fight for the best possible outcome for our clients. Call us today to schedule a free initial consultation. We can listen to the charges against you, and let you know what comes next.
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