Title: 3 Ways You Can Be Charged For Disturbing The Peace In CA, PC 415
Headings: 3 Ways You Can Be Charged For Disturbing The Peace In California – PC 415
3 Ways You Can Be Charged For Disturbing The Peace In California – PC 415
 In This Guide We'll Cover:
What Is Penal Code 415 PC?
Situation #1 – Fighting Or Challenging A Person To A Fight
What Does The Prosecution Need To Show To Convict Someone For PC 415 (1)?
Are Both People Charged Or Only The Instigator?
What If The Fight Was In Self-Defense?
What If You Are Challenged And Punch First?
Can You Go To Jail For Fighting In Public?
Situation #2 – Creating Unreasonable Noise
This Definition Of “Disturbance” Protects Certain Speech.
Example of Protected Speech
Can You Be Prosecuted If You Were Asked To Turn The Noise And You Comply?
Situation #3 – Uttering Offense Words
What Is The Definition Of “Inherently Likely To Provoke An Immediate Violent Reaction?”
Can You Be Arrested For Yelling At Police During An Investigation?
Can Offensive Words On T-Shirts Be Considered Disturbing The Peace?
Legal Defenses For Penal Code 415 PC
Your Intent Was Not Malicious Or Willful
You Were Engaging In Constitutionally Protected Conduct
When Does A Protest Violate The First Amendment Right To Freedom Of Speech?
The Speech Created A Clear And Present Danger
You Were Falsely Accused
Pleading Down To PC 415 From More Serious Charges
Charges Where A Possible Plea Down To Disturbing The Peace May Be Available
Penalties For Penal Code 415
What Kind Of Offense Is Disturbing The Peace?
Are Infractions Considered Criminal Offenses?
What Happens If You Are Convicted Of Misdemenor Disturbing The Peace?
Are There Enhancements That Increase The Penalties For Penal Code 415 PC?
Related Offenses To PC 415
Resisting Arrest—Penal Code 148 (a)
Trespassing—PC 602
Creating a Public Nuisance—PC 272 and 273a
Next Steps If You Need Help
Footnotes

Content: The prosecution has the discretion to charge either way depending on: The nature of the conduct,
Where it was committed,
The maliciousness and willfulness exhibited and
If there existed the intent to harm someone or just annoy them. The prosecutor will also consider the defendant’s criminal record or if this is a repeat violation. Are Infractions Considered Criminal Offenses? If you plead guilty to an infraction then you must pay a fine of up to $250 and it is not recorded on your public record. What Happens If You Are Convicted Of Misdemenor Disturbing The Peace? If convicted of penal code 415 pc as a misdemeanor, you face: A fine up to $400
And/or county jail time of up to 90 days 19
Probation for up to 3 years
Are There Enhancements That Increase The Penalties For Penal Code 415 PC? Committing the offense on school grounds will emhamce the penalty. This would make the offense a misdemeanor 20 and if the defendant committed some other offense, such as an assault in combination with disturbing the peace on school grounds then the defendant could face a 2nd violation, then the defendant could face a minimum jail sentence of 10 days up to a maximum of 6 months and a fine up to $1000.