Being charged with disturbing the peace can be confusing. Penal Code 415 as a misdemeanor or infraction. This charge encompasses many other areas of law enforcement and is usually given as part of a plea deal. If you are dealing with such a charge, remember that you are entitled to the best legal help available. Don’t get stuck with paying unnecessary fines or spending time on probation. San Diego criminal defense attorney Bradley R. Corbett can help ensure that you will receive the best possible outcome for your disturbing the peace case.
California state law is very vague when it comes to defining what a charge of this nature truly is. There are three things police officers can point to when charging you with disturbing the peace. First, they can say you were inciting a fight in a public place. Second, they can cite you for creating loud noise in public. Third, they can accuse you of using elicit or violent language in public. All of these three situations are easy to defend against because they are vaguely defined within the Penal Code of California.
Disturbing a Meeting California Penal Code 403
A person who intentionally disturbs or breaks up any meeting that is not unlawful is guilty. However, under Penal Code 403 there is a possibility it may infringe on a persons first amendment rights. As a result, the court has concluded that this type of law is only a crime for disturbing a meeting. The person must intentionally and substantially undermine the function of the meeting. There are three elements to be met to satisfy California Penal Code 403. They are 1) The person intentionally committed the disturbance 2) The person knew or reasonable believe his or her acts would violate the rules and 3) The persons act substantially undermined the meeting.
A person violating California Penal Code 403 would face is a misdemeanor. The person will serve a penalty of a maximum prison sentence of 6 months in county jail. The person may be granted probation based on the discretion of the judge.
A charge of disturbing the peace can be tried as a misdemeanor or as an infraction. When you hire the legal professionals at the Law Offices of Bradley R. Corbett, we will work tirelessly to ensure you receive a fair outcome to your case. We have years of experience dealing with criminal cases, including those involved with disturbing the peace. Don’t wait to contact our expert team of San Diego criminal defense attorneys. Call or visit our office today to find out how we can help you with your case.
Failure to Disperse California Penal Code 409 and 416
This law comes up whenever a person remains at the scene of a riot after being commanded by public officials to leave. Penal Code 409 is considered a misdemeanor to remain present at the place of any riot after being commanded to leave. Penal Code 416 is considered a misdemeanor when two or more persons have the intention to disturb the public peace or commit an unlawful act. There are four common defenses to California Penal Code 409 and 416.
The four defenses to California Penal Code 409 and 416 are 1) The riot itself was not violent or unlawful, and the police exceeded their authority to control 2) The person was a mere bystander and not part of the riot 3) The person did not have knowledge of any command by a police officer and 4) The police arrested the person before he or she had a chance to obey he or her command.
California Penal Code 409 and 416 are considered to be misdemeanors. A person violating either penal code faces a maximum sentence of 6 months in jail. A judge may also grant probation.