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Disturbing the Peace - PC 415

California Penal Code Section 415 is helping keep the peace all over the city. According to PC 415, any individual under the following cases will be imprisoned to the county jail for 90 days, he will be liable to pay a fine of $4,000.00, or both:

·        If an individual unlawfully fights in the public place or he challenges some other person to fight him in the public place.

·        If an individual maliciously or willingly disturbs someone else by loud or unreasonable noise.

·        If an individual uses offensive words which can provoke violence in the public place.

PC 415 is a broadly-written law that can cover any behavior that can disturb the peace.  If you see people at a bar fighting, if you are having an argument with your neighbor because of loud music which is disturbing them then you can be charged under the provisions of the law.

Defenses to PC 415
The good news is a PC 415 charge is often hard for prosecutors to prove which makes it easier for the defense attorneys to defend your case. Before you go to court facing these charges, it is recommended to discuss your case with a criminal defense attorney to protect your rights.

The defense attorney can argue several factors, including:


·         His client did not have any criminal intent

·         His behavior was protected constitutionally

·         He has been falsely accused.

 
PC 415  is also called a “wobblet.” It means that it is on offense which allows the prosecutors to charge it as a misdemeanor or an infraction. The big brother of the “wobblet” is the “wobbler,” which is a crime that will be charged as a felony or misdemeanor.

If you have been charged with disturbing the peace, contact an experienced criminal defense attorney to fight your charges on you behalf. A conviction can be costly for your reputation and you may have to pay hefty fines. Contact Don Ho, an established criminal defense attorney, to fight for your rights!


Published by Don Ho LawDon Ho is a criminal defense attorney in Orange, Riverside, and San Bernardino Counties.



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