While It Is Not the Crime of the Century, the Consequences Are Very Real.
With nothing else for which to arrest people, alleged violations of PC §415 make an easy catch all for law enforcement. PC §415 accounts for more arrests than you might imagine and this stupid little conviction can have a devastating effect on your life. This “little” conviction stays on your criminal record will show up in background checks, preventing you from getting a good job, staying in school, being accepted into graduate school or adopting a child.
PC §415 “Disturbing the Peace” in the Coachella Valley
Although simplified to one term, Disturbing the Peace, PC §415 can be violated any number of ways that interfere with the safety, health, morals, and tranquility of others going about their daily lives.
To get a conviction, a prosecutor may look at several factors:
- Someone who fights in public or challenges someone else in public to fight.
- Someone who purposely disturbs someone else with unreasonably loud.
- Someone who uses so-called offensive words in public; words that are inherently likely to incite an abrupt violent reaction.
In California, a conviction under PC §415 can be punished by up to 90 days in jail and a fine up to $400.00 plus fees, penalties, and other monetary assessments. Probation, community service, and other consequences could also go with a conviction.
Examples of PC §415 Violations
The offending conduct must be more than just embarrassing or annoying to someone else. The act must also be intentional and unlawful.
Some examples of actions typically counted as disturbing the peace include the following:
- Illegal public gathering
- Unreasonable shouting, blasting music, or letting the dog bark continually in a residential area
- Fighting or threatening/challenging to fight in public
- Verbally stirring violence or shouting profane or offensive words
- Intentionally annoying hotel guests by knocking loudly and repeatedly on their hotel-room doors
- Bullying a student, either on or near school property
Winning in Court
The first important step for your lawyer is to know what disturbing the peace is not.
Roughhousing embarrassing people, accidentally bumping into someone, and even “flipping the bird” are not generally considered to be disturbing the peace.
A person can be very annoying without rising to the level of disturbing the peace.
Loud music late at night can be considered disturbing the peace, but only after due warning was given. Fighting can be considered Disturbing the Peace, but fighting in self-defense or in defense of others is not. These ae the kinds of things your Lawyer must know to look for in defending your case.
For individuals in Palm Springs, La Quinta, Indio, Rancho Mirage, Palm Desert, Indian Wells, Cathedral City, and throughout the Coachella valley arrested or cited for “Disturbing the Peace,” we will do much more than just help you through the court process.
We will carefully and methodically examine the charges against you compared to every detail of the incident. If the police or prosecutor have not done everything necessary to convict you in front of a jury, beyond a reasonable doubt, we will attack the charges from every available angle to achieve the best possible result.
Even more importantly, we will vigilantly consider how any resolution will affect your professional, educational, and/or personal future.
With You Every Step of the Way
As your attorney, I will work directly with you. I will offer a truthful and realistic analysis of your case, describe and discuss all of your options, explain and guide you through the court process as it applies to your situation, and fight vigorously for you at trial.
Know this: you are not alone! We will be with you, beside you, and in front of you the entire time.
Where jail or a permanent criminal record are on the line, there are no small crimes. They all have consequences. Therefore, protect yourself with a skilled Coachella Valley Attorney who will fight for you today, while keeping an eye on tomorrow.
Let’s start building your defense! Call my office today at 760-610-6109.
Initial consultations are always free. We are available for weekend/evening appointments. We accept credit cards and serve all Courts in Southern California.