Sec 415 of the California Penal Code refers to the crime of disturbing the peace. This is typically the lower offense for the commission of a graver offense, some of which are as follows:
a) Sec 415.1 of the California Penal Code criminalizes the act of unlawful fighting. This crime is committed when an individual willfully and unlawfully fights with another person or challenges another in a public area.
b) Sec. 415.2 of the California Penal Code criminalizes the act of making unreasonable noise. This crime is committed when an individual willfully and maliciously caused loud and unreasonable noise causing the disturb another in the vicinity. This noise should be a danger of imminent violence and disrupts lawful activities of other people.
c) Sec 415.3 of the California Penal Code criminalizes the act of making fighting words. This crime is committed when offensive words are used that would most likely cause to provoke others to an immediate and violent reaction directed at one or more individuals in a public area.
As previously stated, because this particular crime is a lower offense compared to the others, this is often used as a negotiating tool to obtain a plea bargain. This offense carries with it a penalty of up to ninety (90) days in county jail and payment of fines up to $400. The crimes often substituted for this crime are the following:
1) Sec 647 (a) or Lewd Conduct in Public;
2) Sec 647 (b) or Prostitution or Solicitation;
3) Domestic violence charges;
4) Sec 422 or Criminal Threats.
The crime of disturbing the peace is a serious offense in California. Should you be or know anyone undergoing this process, do reach out to the lawyers at the Law Offices of Ramiro J. Lluis for a free consultation today.