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Is disturbing the Peace a misdemeanor?
What does 'disturbing the peace' mean?
What happens if a person is convicted of a misdemeanor PC 415?
Can a prosecutor convict you of disturbing the peace?
Under Penal Code § 415 PC, California law defines the crime of disturbing the peace as doing any of the following: playing excessively loud music, fighting in public, or using certain offensive language or fighting words.
Jan 1, 2023 · (2) Any person who maliciously and willfully disturbs another person by loud and unreasonable noise. (3) Any person who uses offensive words in a public place which are inherently likely to provoke an immediate violent reaction.
May 8, 2024 · Disturbing the Peace: Loud and Unreasonable Noise (Pen. Code, §§ 415(2), 415.5(a)(2)) Judicial Council of California Criminal Jury Instructions (2024 edition)
PC 415 (a): Disturbing the peace by loud and unreasonable noise under PC 415 (2) is a misdemeanor or an infraction. If found guilty of misdemeanor PC 415 (2), the defendant may face up to 90 days in jail; however, probation without jail is a common sentence in disturbing the peace cases.
If you actually get into a physical fight with another person in a public place, you can be charged with disturbing the peace and battery. Under California Penal Code Section 242, battery is a misdemeanor punishable by up to six months in county jail and a $2,000 fine.
May 8, 2024 · Disturbing the Peace: Fighting or Challenging Someone to Fight (Pen. Code, §§ 415 (1), 415.5 (a) (1)) Judicial Council of California Criminal Jury Instructions (2024 edition) Download PDF.
As a result, Disturbing The Peace is broken into three different sections in the Code (CPC §415(1), which governs fighting; (2), which deals with noise; and (3), which addresses using offensive words in public).
