California Penal Code Section 415

Definition

Disturbing the Peace under California Penal Code Section 415 , is a criminal offense and it is normally filed as misdemeanor. Disturbing the Peace is when someone deliberately aggravates, brawls or bothers someone else, or who uses obscene language that may be insulting to others.

Example

A common illustration of disturbing the peace is when someone plays loud music in a neighborhood, at a very loud volume that would offend his/her neighbors.

Elements of the Crime

In order to take an Disturbing the Peace CPC 415 Acase to trial, certain elements of the crime will have to be proven. These may include one of the following:

·         That the defendant willfully fought in public

·         The defendant willfully disturbed someone else with loud noises

·         The defendant used obscene language in public – which would most likely insult someone and provoke them to respond violently

Punishments for CPC 415

These penalties are to be determined by a judge and he/she will make a decision based on the circumstances surrounding the case.

When found guilty of Disturbing the Peace, it is usually filed as a  misdemeanor which is punishable by three months in prison and a fine of four hundred dollars

Legal Defenses for California Penal Code 415

A good lawyer can present many legal and valid defenses for Disturbing the Peace charges under California Penal Code 415 to prove someone’s innocence. MacGregor and Collins is based in Orange County, California, and has successfully defended  those who were falsely accused of Disturbing the Peace. Call (949) 250-6097 to speak to a lawyer, should you be on trial for Disturbing the Peace.

Learn more about other California Section Penal Codes here.