San Bernardino Drunk in Public/Disturbing the Peace Defense Attorney

Defending Californians who have been charged with being drunk in public or disturbing the peace in San Bernardino

Penal Code 647(f) is California’s drunk in public or public intoxication law. Despite what the name suggests, it is not a crime to be intoxicated in public. In order to be found guilty under PC 647(f), you must be so intoxicated that you are unable to exercise care for yourself and others. Or, you must be found guilty of interfering, obstructing or preventing others from using streets, sidewalks or other public walkways.

Being drunk in public in San Bernardino is a misdemeanor crime. If convicted, you may face up to six months in county jail and/or a fine up to $1,000. If the judge decides not to give you jail time, a drunk in public conviction will still stay on your record. When potential employers or licensing agencies run a criminal background check, the conviction will show up.

Don’t underestimate the importance of having the best criminal defense lawyer in San Bernardino on your side. This is one charge that can often be reduced or eliminated with the right criminal defense team.

Legal Defenses for Being Drunk in Public

If you have been charged with being drunk in public, you need an experienced criminal defense attorney who can fight for your best interests. Fortunately, there are various legal defenses that a skilled San Bernardino criminal defense attorney can present on your behalf. Let’s look at what some of these defenses are.

• You were not in a public place.

According to PC 647(f), you must be intoxicated in a public place. If you were arrested in your home, a hotel or any other private place, you did not violate PC 647(f), regardless of how drunk you were.

The trouble with this part of the law is that not all public and private places are obvious. For example, if you were visibly intoxicated on your front lawn, you could be arrested because your front lawn is technically public property. However, these charges rarely stick because the behavior did not occur in a public place.

• You were not intoxicated.

In order to violate PC 647(f), the prosecutor must prove beyond a reasonable doubt that you were willfully intoxicated in a public place and that you acted in ways that are associated with public intoxication, such as:

• Stumbling
• Passing out
• Being loud or belligerent
• Getting in people’s faces
• Slurring your speech
• Posing a danger to yourself or others

In many cases, the evidence is not there. It’s difficult to prove that someone was intoxicated. Sometimes, police officers arrest people for acting aggressively or obnoxiously, assuming that they are intoxicated. However, there may be no basis for the arrest, and the charges will be dismissed in court, providing you have the best San Bernardino criminal defense lawyers.

• Your civil rights were violated.

It’s common for rights to be violated in a drunk in public situation. If you were arrested without the police witnessing you violate the law, this means your rights were violated. The same is true if the police performed an illegal search or fabricated evidence against you.

To have your case dismissed, your affordable criminal defense attorney in San Bernardino will have to bring a motion to suppress evidence. Under the United States Constitution, you are protected from illegal searches and seizures from law enforcement.

What are the Penalties for Being Drunk in Public?

If you are convicted of being drunk in public, this is a misdemeanor crime that may include the following punishments:

• Informal probation
• Up to six months in county jail
• Maximum $1,000 fine

If you commit this crime more than once within a 12 month period, you can receive up to 90 days in a county jail or be required to complete a drug and alcohol recovery program.

Disturbing the Peace: What it Means

Penal Code 415 is California’s law for disturbing the peace. This crime can be committed by unlawfully fighting or challenging another person to fight in a public place, willfully disturbing another person by loud and unreasonable noise or using offensive words in a public place, if the words are likely to provoke a violent reaction.

Disturbing the peace is usually a misdemeanor offense, though it can be reduced to an infraction. The maximum penalties for disturbing the peace are up to 90 days in a county jail and/or a fine up to $400.

Legal Defenses for Disturbing the Peace

In most cases, a charge of disturbing the peace is hard to prove and can generally be reduced to an infraction or eliminated altogether, providing that you have the right San Bernardino criminal defense attorney. Some of the best legal defenses for these cases are:

• You lacked criminal intent. You are not guilty of disturbing the peace if you did not act wilfully, maliciously or with the intent of initiating violence. For example, if you acted in self-defense, you did not act maliciously.
• Your behavior was constitutionally protected. As an American, you have the right to free speech under the First Amendment. If your words or behavior were protected by these rights, you cannot be charged under PC 415. An example includes participating in a political protest.
• You were falsely accused. It’s also possible that you were falsely accused of disturbing the peace, something that happens more often than you may think. Sometimes, people are accused of disturbing the peace out of revenge.

Even though disturbing the peace is a crime in itself, criminal defense lawyers often use this as a bargaining tool. Because PC 415 only carries a $400 fine and up to 90 days in county jail, lawyers will sometimes negotiate this charge in lieu of a more serious offense. For example, if you are being charged with prostitution/solicitation under Penal Code 647(b) and disturbing the peace under PC 415, a lawyer can reduce your charges to just disturbing the peace and have you spend little to no time in jail.

Other common offenses that are associated with disturbing the peace are:

• PC 647(a) lewd conduct in public
• California domestic violence charges
• PC 240 assault
• PC 217.1(a) assault on a public official
• PC 422 criminal threats

It is important to note that if you are charged with disturbing the peace as a substitute for a more serious offense, you can expect to pay a higher fine and spend more time in jail than if you were just charged with disturbing the peace. Again, it all comes down to the criminal defense attorney that you choose to represent your case.

Schedule a Consultation

If you have been accused of being drunk in public or disturbing the peace, contact the Law Offices of David S. Chesley today. Our criminal defense attorneys in San Bernardino are experienced in representing these cases and getting our clients the best possible outcome. We will determine the best legal defense for your circumstances and build a solid case around it. Contact us today for your consultation.