Disturbing the Peace
Orange County Disturbing the Peace Attorney
Disturbing the Peace Lawyer in Orange County
If you've been arrested or cited for Disturbing the Peace it's very important to contact our Orange County criminal attorney experts at the Law Offices of Michael L. Guisti, because chances are you were charged with this crime in connection to another crime like battery or domestic violence.
While disturbing the peace is a crime to take seriously, interestingly enough it's also a common plea bargaining chip your Orange County lawyer can use to reduce more serious criminal charges.
What is the Crime of Disturbing the Peace?
Many people understandably believe the crime of disturbing the peace are neighbors playing music loud at night, a loud party occurring during late hours or people talking loudly disturbing their neighbors, but such incidences are often cover under local city laws.
Our Orange County disturbing the peace attorney experts need you to understand often times the crime of disturbing the peace under Penal Code (PC) 415 is often reserved for more serious offenses of disorderly conduct.
What Kind Of Disorderly Conduct Constitutes Disturbing the Peace?
The three most common incidents that are considered disturbing the peace are, "fighting words," making loud noises, and fighting.
"Fighting Words"
"Fighting words" is the rare exception of the right of free speech that is guaranteed by the First Amendment to the United States Constitution. Both California courts and federal courts have held that "fighting words" breach the peace.
You can be charged for "fighting words" under PC 415(3) if you used offensive words that were inherently likely to provoke an immediate violent reaction and you spoke and directed those words at one or more persons and spoken in a public place.
Our Orange County criminal defense attorney experts stress that simply using the "seven dirty words," vulgar words, hateful words, etc., out-loud is not a crime in and of itself, but rather it's the context and provocative matter the words are spoken in.
Often the courts review each "fighting words" case on a case-by-case basis, but the general rule of thumb is you must have spoke words in a provocative manner that was sure to provoke a violent response.
Assault and Battery
If you've been arrested for battery for fighting at a public place or in connection to a domestic violence situation it's certainly possible you could face charges under PC 415(1).
To be charged with disturbing the peace under assault and battery you must have willfully and unlawfully fought another person, which is battery, or challenged another person to fight, which is assault. Most importantly the fight or challenge must have occurred in a public place.
As our Orange County assault and battery attorney explains, what is considered a public place is not always clear and this is another issue the courts determine on a case-by-case basis.
Our Orange County domestic violence attorney explains if an alleged domestic violence situation occurred on a street or inside a parked car on a street many times the district attorney will try to seek as many charges as possible against the alleged suspect, which is why you need a criminal attorney.
Unreasonable Noises
To prove you were disturbing the peace by making "unreasonable noise," it must be proven that you willfully and maliciously caused loud and unreasonable noise, which presented a danger of immediate violence, and the noise disturbed another person, and/or the unreasonable noises was used for the purpose of disrupting lawful activities.
Our Orange County criminal defense attorney explains that "maliciously" means the intent of annoying or injuring another person.
This all basically means having a party or playing music and not realizing and being unaware loud noises were being made doesn't constitute "unreasonable noises."
Understand it's often rare police arrest and/or cite somebody for having a loud party and/or loud music, because it doesn't present any immediate danger, but if police have to come back again it's certainly possible you could face "disturbing the peace" charges as it's another of those things where the courts review it "case-by-case."
Your Defense
If you didn't act willfully, maliciously, or with the intent of inciting violence, you're not guilty of disturbing the peace, because all three subdivisions of Penal Code 415 PC require a willful and unlawful act.
Your Words Were Constitutionally Protected
As long as you weren't saying "fighting words" your words and speech are protected by the Constitution and you cannot be found guilty of this crime.
Using Disturbing the Peace as a Plea Bargain
The charge of disturbing the peace is often used a plea bargain, which means if you're being charged with a more serious charge of, domestic violence, assault and battery, lewd conduct, prostitution or making criminal threats, among other charges, our Orange County criminal defense attorney can work with the courts and district attorney to reduce these more serious charges into a charge of disturbing the peace.
If Convicted
If convicted or you have a plea bargain that resulted in disturbing the peace it's very important to understand this can be charged either as a misdemeanor or infraction.
Misdemeanor disturbing the peace can result in 90 days at Orange County jail and a $400 fine while an infraction can result in a $400.
Call the Orange County Disturbing the Peace Attorneys Now!
By having an experience Orange County attorney we can work to reduce the charge from a misdemeanor to infraction, which is the same as a traffic ticket.
A misdemeanor may not seem like much, but remember it will come up when employers and rental companies look at your record, which an infraction won't.
Also, if you're facing other charges we've mentioned by calling the Orange County disturbing the peace attorney experts at the Law Offices of Michael L. Guisti at 888-478-8999 we'll work to get you a plea bargain.
Call us now so you can get back on with your life.
