Disturbing the Peace - California Penal Code 415 PC Information

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PC 415 - Disturbing the Peace Information

Did I Actually Disturb the Peace (PC 415 Violation)?

You may have Disturbed the Peace if:

(A) You were involved in an unlawful fight in a public place or challenged another person to fight you in a public place
  • The criminal prosecutor must prove that you willfully fought another person or challenged another person to fight you AND said fight or challenge took place in public place.  The prosecutor must prove that you intended for the fight to happen and you acted with deliberate purpose. If these can be proved, you have disturbed the peace.

(B) You maliciously and willfully disturbed another person by loud and unreasonable noise
  • The criminal prosecutor must not only prove that you intended to do something wrong or that you intended to annoy or injure someone else by causing the unreasonably loud noise but that you also intended for that noise to disturb another person.
  • In order to prove that the noise did in fact disturb another person, the noise must have presented a danger of immediate violence or been used for the purpose of disrupting lawful activities. 
  • NOTE: if another individual or a law enforcement official asks you to stop making loud, unreasonable noise and you fail to comply, a judge or jury may conclude that you acted intentionally and with malice. 

(C) You used offensive words in a public space and those words were inherently likely to provoke an immediate violent reaction.
  • The prosecutor should prove that you said something reasonably likely to cause another person to react in a violent manner AND when you made this statement, it was predictable that the other person would immediately react in violence.
  • Your intent at the time you made the statement does not matter.
  • However, if you reasonably believed that your statement would NOT provoke an immediate violent reaction, then you will likely not be found guilty of disturbing the peace.

What Is My Constitutional Right to Free Speech?

The offense of disturbing the peace falls under an exception to the right to free speech, known as the “fighting words” exception.

California’s courts have held that such “fighting words”, which result in immediate violence, are not essential to the expression of ideas – any value such speech may have is outweighed by society’s interest in order and morality. Thus, your constitutional right to free speech does not protect you from a disturbing the peace charge if you used "fighting words".

The determination of whether or not words can be labeled as “offensive words” or “fighting words” is made on a case-by-case basis.  If the words are merely vulgar, profane, abusive, or disrespectful but DO NOT result in immediate violent reaction, they will not result in successful prosecution for the offense of disturbing the peace.

What are Examples of Violations of Disturbing the Peace - PC 415?

The below are examples of Disturbing the Peace:
  • Initiating a fight at a bar is surely an example of disturbing the peace.
  • Purposely turning on your outdoor speakers in the direction of your neighbors house and turning on your music to a high volume, with the purpose and intention of disturbing them. 
  • Purposely insulting a stranger of a different ethnicity by using derogatory name calling and continuing to do so even after the stranger tells you such comments will result in a fight.

What kind of punishment do I face for violating PC 415 and disturbing the peace?

Charges for violating California penal Code 415 (disturbing the peace) may be brought either as an infraction or as a misdemeanor. This decision will usually be impacted by the specific facts of your case and your criminal history.

  • If you are charged with an infraction for disturbing the peace, then you face a maximum fine of $250. 
  • If you are convicted of a misdemeanor for disturbing the peace, you face a maximum fine of $400, up to ninety (90) days in county jail, and informal probation. 

If charged with violating PC 415 disturbing the peace and you are interested a free legal consultation, please call us today. We provide no cost consultations both in office and by phone. 

What are my defenses against disturbing the peace charges in violation of Penal Code 415?

You’ll note, earlier I said you are “possibly” guilty of disturbing the peace.  I used the word “possibly” because the legal definition of disturbing the peace is vague and open to various interpretations.

However, this is good news. Prosecutors are going to have a harder time proving you guilty of meeting the legal definition of “disturbing the peace”. This also means that your defense attorney will have an easier time defending you against this charge of disturbing the peace and helping you avoid conviction.

Some Legal Defenses against disturbing the peace include successfully arguing that:

- Your behavior was constitutionally protected
  • For example, if you fought because you were defending yourself or defending someone else then you are not guilty of disturbing the peace as long as you reasonably believed that you or another person was about to suffer bodily harm; you reasonably believed that force was your only available option to protect against the harm; and you only used a reasonable amount of force necessary to defend against the danger. 
  • Participating in a political protest
  • Wearing a t-shirt that threatens violence towards people who disagree with you on a political issue, or 
  • Loudly making a religious or political speech in a public place. 

- You lacked the requisite criminal intent. This means you did not act willfully, maliciously, or with the intent of inciting violence.

- You reasonably believe that your words were not likely to provoke a violent reaction.

- You were falsely accused or wrongly arrested.

Disturbing the Peace on School Grounds - Special Situation

California Penal Code 415.5(a) - Disturbing the Peace

If you commit any of the offenses listed under Peal Code 415 PC (unlawful fights, malicious and willful disturbance, and offensive use of words…) on school grounds AND you are not a registered student or employee of that school, you will be charged with a misdemeanor.  As a result, you will be punishable by a maximum fine of $400 and a maximum of 90 days spent in county jail.


California Penal Code 415.5(b) - Disturbing the Peace

If you commit any of the offenses listed under Peal Code 415 PC (unlawful fights, malicious and willful disturbance, offensive use of words…) on school grounds AND you are not a registered student or employee of that school, AND you have been previously convicted of this offense or another criminal offense that took place on school grounds, you will face significantly greater punishment.

  • You could face a jail time in county jail anywhere between a mandatory minimum of 10 days and a maximum of 6 months. 
  • Your maximum fine could increase to $1,000. 

If you have been previously convicted of California Penal Code 415.5 two or more times, your punishment will increase yet again.  You could serve a minimum of 90 days in county jail and pay up to $1000.

Keep in mind, the court is allowed to consider written reports from the Department of Justice containing information from their records showing prior convictions. This communication will be considered sufficient evidence of such convictions even if you do not admit to them, regardless of whether or not the original complaint filed against you had alleged the prior convictions.

USING CALIFORNIA PENAL CODE 415 AS A BARGAINING CHIP IN A PLEA DEAL

Many times, good defense lawyers can successfully negotiate a “disturbing the peace” charge in lieu of more serious offenses which have significantly harsher penalties and which carry social stigma that may impact your family, career and reputation.  Some examples of more serious offenses which may be negotiated down to a CA 415 PC include:

  • Lewd conduct in public, California Penal Code 647(a) 
  • Prostitution/solicitation, California Penal Code 647(b)
  • Domestic Violence Charges
  • Criminal threats , California Penal Code 422

Please note, sometimes when your attorney is able to substitute one of these more significant charges with a “disturbing the peace” charge,  you may still have to serve some jail time and/or pay a higher fine than you would for a more typical 415 PC violation, in exchange for the reduced charge.

California Penal Code PC 415 - Law Information

415. [Disturbing the Peace]  Any of the following persons shall be punished by imprisonment in the county jail for a period of not more than 90 days, a fine of not more than four hundred dollars ($400), or both such imprisonment and fine: 
 
  • (1) Any person who unlawfully fights in a public place or challenges another person in a public place to fight. 
  • (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.

California Penal Code PC 415.5 - Disturbing the Peace at a School Law Information

415.5. [Disturbing the Peace on School Grounds]
  • (a) Any person who (1) unlawfully fights within any building or upon the grounds of any school, community college, university, or state university or challenges another person within any building or upon the grounds to fight, or (2) maliciously and willfully disturbs another person within any of these buildings or upon the grounds by loud and unreasonable noise, or (3) uses offensive words within any of these buildings or upon the grounds which are inherently likely to provoke an immediate violent reaction is guilty of a misdemeanor punishable by a fine not exceeding four hundred dollars ($400) or by imprisonment in the county jail for a period of not more than 90 days, or both. 
  • (b) If the defendant has been previously convicted once of a violation of this section or of any offense defined in Chapter 1 (commencing with Section 626) of Title 15 of Part 1, the defendant shall be sentenced to imprisonment in the county jail for a period of not less than 10 days or more than six months, or by both that imprisonment and a fine of not exceeding one thousand dollars ($1,000), and shall not be released on probation, parole, or any other basis until not less than 10 days of imprisonment has been served. 
  • (c) If the defendant has been previously convicted two or more times of a violation of this section or of any offense defined in Chapter 1 (commencing with Section 626) of Title 15 of Part 1, the defendant shall be sentenced to imprisonment in the county jail for a period of not less than 90 days or more than six months, or by both that imprisonment and a fine of not exceeding one thousand dollars ($1,000), and shall not be released on probation, parole, or any other basis until not less than 90 days of imprisonment has been served. 
  • (d) For the purpose of determining the penalty to be imposed pursuant to this section, the court may consider a written report from the Department of Justice containing information from its records showing prior convictions; and the communication is prima facie evidence of such convictions, if the defendant admits them, regardless of whether or not the complaint commencing the proceedings has alleged prior convictions. 
  • (e) As used in this section "state university," "university," "community college," and "school" have the same meaning as these terms are given in Section 626. 
  • (f) This section shall not apply to any person who is a registered student of the school, or to any person who is engaged in any otherwise lawful employee concerted activity.

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