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Disturbing the peace is a criminal offense in California under the state’s CA Penal Code 415. The code deals with the catchall crimes that are commonly known as disturbing the peace and entails legal consequences for anyone who breaches the peace in the state. It is enacted to maintain a general code of conduct in public spaces and to penalize people who disturb the peace in these spaces.
The CA Penal Code 415 defines three conditions under which someone can be alleged to breach the law,
So, anything from fighting someone at the road about a parking slot, uttering racial or ethnic slurs to instigate a violent reaction or fight, or turning on music at high volume to disturb the neighbors after a strife can be considered as ‘disturbing the peace’ and cab be penalized under law.
Even though, the CA Penal Code 415 offences do not become the part of the criminal record of the person, it is important to have a reliable and qualified defense council to avoid any strict sentences or charges. The disturbing the peace offences are often charged as infraction or misdemeanor, but in some cases, these are charged as an ‘ordinance’ a minimum criminal offence in California.
The penalty for the CA Penal Code 415 can include a fine or a jail term or both based on the seriousness of the offense and how it is charged.
An Infraction: In the case of an infraction, the offender has to pay a fine of $250 without any jail-term.
A Misdemeanor: If the offense is charged as a misdemeanor, the monetary file can be up to $400, or there can be a jail-time of maximum 90 days or both. In the case of second or third offense, the 90 days’ jail time can be minimum instead of maximum.
Even though CA Penal Code 415 is a law in itself, it is often used as a plea bargain for more serious crimes to get reduced sentences for the clients. For example, a defense attorney may use the Code 415 to negotiate a plea bargain for the serious offenses like domestic violence, gang enhancements, etc.
For charges to be pressed against a person for ‘disturbing peace,' the prosecutor has to establish certain elements of the law.
Willful conduct: In the case of fight or challenging someone to fight in a public space, the prosecutor should establish that the person willingly breached the conduct. It means that the fight was intentional and was done in a public space.
Malicious Intent: In the case involving loud or unreasonable noise, the malicious intent should be established. It means that prosecutor established beyond reasonable doubt that the loud noise was used to hurt or injure someone at a public space.
The intent of Inciting Violence: In this scenario, you acted intentionally to incite violence by using abusive or offensive language. It should be established that your intentions were to provoke violence.
As defense attorneys for past 35 years, we have successfully fought hundreds of disturbing the peace cases with favorable results. By going through the facts of the case, making the visit to the incident site if necessary, and going through the police or arrest records, we identify the weaknesses and use them for a successful defense. The available defense includes,
According to VC 23152 (a), it is illegal for any person to drive under the influence of alcohol.
As experienced defense attorneys, we have various instances of the successful defense of DUI marijuana cases.
The drug can be any controlled, illegal or prescription substance that can impair a person’s ability to drive a vehicle safely.
A hit and run case is when the driver after hitting another car(s) or damaging the property did not stop and left the scene without notifying other drive or property owner and law enforcement.
You must consult an experienced defense lawyer for your legal representation in court to avoid conviction or to reduce charges to minimum.
Multiple defendants each facing 7 years charged with smuggling prescription drugs into California from Mexico our client was the only defendant who received NO JAIL TIME!
Client facing 5 years for possession of deadly weapon we negotiated a plea for NO JAIL TIME!
Client facing 3 life terms for multiple felony counts of Child Molestation and Sodomy with child we proved the charges were fabricated by victims mother DISMISSAL of all charges at preliminary hearing!
Strike case: Client charged with possession of methamphetamine facing 25 years we filed a Romero Motion which was granted case REDUCED TO MISDEMEANOR!
Client's estranged girlfriend alleged Client broke into her room and choked her facing 14 years in State Prison we won at trial JURY ACQUITTAL.
Police allegedly discovered 3 bags of marijuana in client's glove box faced 6 years we filed a 1538.5 motion to suppress resulting in DISMISSAL of all charges!
Client allegedly sold rock cocaine to undercover officer faced 10 years following our argument client received NO JAIL TIME!
Client facing 15 years for Armed Robbery we proved misidentification Judge DISMISSED the case!
Rodrigo L. San Fernando, CA (Sherman Oaks Yelp Review)
I am truly pleased with my experience with the Law Offices Of David S Chesley. They answered all my questions and provided me with great advice and legal services. My case resolved quickly. Thank you!
Ricardo Esteves Los Angeles, CA (Los Angeles Google Places Review)
I left court yesterday with my last case being wrapped up. Two court appearances and that's it. He represented me in a couple of different cases and was impressive to say the least. Always a phone call or text message away. Confident and aggressive when he needed to be. Calming and thorough when meeting with me. Attorney Chesley did exactly what he said he would and I got the results I needed. He seemed to know all the right people at the Temple Street courthouse. You can always get in contact with him quickly and he is a great lawyer. I highly recommend his legal services.
Erica Geller Ontario, CA (Ontario Facebook review)
My brother was given a very caring attorney that was assigned to his case and we had very helpful case managers throughout the process. I strongly recommend David Chesley to anyone who is in trouble. I called in to get help on my brothers case and right away I liked their service. My brothers charges were eventually dismissed after the attorney got him into a program, now he could go on without the trouble of having anything on his record
Elizabeth F. San Diego, CA (San Diego Google Places Review)
I retained Mr. Chesley and his firm and from the beginning they were extremely professional both in communicating the status of my case to me, explaining the situation as a whole, and just downright taking care of business. It was money well spent for a job well done. Thanks again to David and Melissa others that worked on my case. I recommend this firm to anyone in need of legal representation. Don’t just accept things the courts force on you, call this firm and protect yourself.
Leon Hanley Los Angeles, CA (Los Angeles Avvo review)
I contacted Mr. Chesley and his firm because some unfortunate events had left me in a jam. Detectives were demanding I testify or be prosecuted for a crime I didn’t commit. (I wasn’t involved or even at the scene of the alleged crime when it supposedly took place.) Mr. Chesley explained to me that he had been through similar situations with his clients before and understood exactly what was going on. His response to what took place was nothing short of amazing. No matter how small my concern, Mr. Chesley addressed it in a timely manner. He advocated for what is right and empathized with me in dealing with the Court system. After meeting with the supervising D.A. and providing alibi evidence he was able to get me out the situation. I’m very grateful to have found him.
Britanny Givens Newport Beach, CA (Newport Beach Google Places)
I hired David Chesley for my criminal defense in 2012. he was recommended to us for is success results and his low fees. David is very smart and his professional legal advice was honest & much appreciated during these stressful time. David's knowledge, advice, and communication about what we were to expect was reassuring and beneficial to me. He charged me a reasonable flat rate and didn't charge me any surprise fees. In my case David Chesley was able to negotiate with the prosecution attorney for the best result I could hope for. He had success at getting my criminal charges dismissed with the judges approval. You will not be disappointed if you hire The Law Offices of David S. Chesley.
Andrew A. North Hollywood, CA (Better Business Bureau review)
David is very professional, yet very casual. Although it is typically not easy to speak straight up with an attorney, he is very easy to talk to. He replied to my questions quickly and was available all hours. Not only did he get my case resolved with a dismissal, he went above and beyond and got me an expungement without me even requesting it. He never beats around the bush and tells you like it is. At the same time is willing to work overtime to get the results you request. I would use David's services again in the future.