CA Law: Disorderly Conduct and Disturbing the Peace

An overview of California PC 647: Disorderly Conduct
In California, the Penal Code sets out a laundry list of conduct the state deems serious enough to warrant misdemeanor charges. This list includes, but is not limited to: “lewd conduct in a public place,” “soliciting acts of prostitution,” (regardless of intent to carry out actual prostitution), “loitering in or about a public restroom for the purpose of engaging or soliciting in lewd or unlawful acts,” and intoxication in a public place (this includes alcohol and other controlled substances).

California PC 647(f) defines intoxication as “a condition [where a person] is unable to exercise care for his or her own safety or the safety of others… or [when the condition] interferes with or obstructs or prevents the free use of any street, sidewalk, or other public way.”

PC 647 also prohibits people from using holes or instruments to view any place where a person would have a reasonable expectation of privacy. This includes bathrooms, dressing rooms, tanning beds, etc. The Penal Code prohibits anyone from photographing or filming any identifiable person without the knowledge or consent of that person in an area where they would have a reasonable expectation of privacy. The Penal Code expressly sets out theories that cannot be used as defenses to these charges. For example, the fact that the person being charged under California PC 647 is a cohabitant, landlord, tenant, employer, employee, or business partner of the victim is irrelevant and cannot be used as a defense against a PC 647 charge. In addition, this charge will still stand even if the victim was not completely undressed at the time the crime occurred.

The minimum and maximum sentence for a PC 647 violation will vary depending under what subsection the defendant is convicted. However, the legislature has set harsh punishments for those who violate the privacy sections of PC 647 more than once. A second or subsequent conviction results in up to a year in county jail, and up to $2,000 in fines. Additionally, the above-mentioned punishment is applicable for first-time offenders whose victim is under the age of 18.

One of the more common convictions is 647(f) for public intoxication. Fortunately, there are some promising defenses for this common charge. First, the state must prove that your actions were a result of intoxication. A good defense attorney will successfully rebut any evidence the state admits for proof that your intoxication caused your actions. Rebutting this evidence can be done several different ways, and will depend upon the facts of each individual case.

Additionally, some officers are unaware what the legal definition of a “public place” is. This means you cannot be convicted under 647(f) for getting drunk and trying to fight someone in your backyard – or even on your porch, which are both deemed parts of your residence under the law.

California PC 415: Disturbing the Peace
Under PC 415, a person “breaches the peace” by doing one of the following: (1) fighting another person (or challenging a fight) in a public place; (2) Willfully and maliciously disturbing another person by loud and unreasonable noise; (3) Using offensive words in a public place (if these words are reasonably likely to provoke an immediate and violent reaction).

If you are charged under PC 415, it is likely that the prosecutor will agree to drop the charge to an infraction. Of course, this will depend upon the skill of your attorney, as well as the facts of your case. In addition, a charge under PC 415 is often the result of a charge reduction – meaning you were originally charged with something more serious, like domestic violence, but your skillful attorney is able to get the charge reduced to a misdemeanor under PC 415. If you end up being convicted under PC 415, the maximum penalties can be severe: up to 90 days in county jail; fines up to $400; or both county jail time and fines. However, it should be emphasized that PC 415 is more commonly used as a tool in negotiation with the prosecutor. This negotiation tactic is another fine-tuned proficiency of experienced criminal defense attorneys.

Although it sounds like a conviction under PC 415 is clear-cut and difficult to defend against, there are actually several available routes that an experienced criminal attorney will be well familiar with. Your attorney may prove that you lacked the intent necessary for a conviction under PC 415, that your behavior was protected under the First Amendment (particularly charges where your words are “likely to provoke” a violent reaction), or that you were simply falsely accused.

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By Lauren Noriega | Published By: Nicholas Loncar  

Other Useful LA Criminal Defense Resources:
LA Inmate Locator 
LA Superior Court  
LAPD Online 
LA County Law Library
LA Felony Bail Schedule
LA Misdemeanor Bail Schedule