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-In penal code section 415, one of the ways
that you can be charged with disturbing the peace
is by fighting in public.
Or what prosecutors and justice officials often
call mutual combat.
So that's a situation where you're not merely
defending yourself, but you really want to be fighting,
you're really engaged in this fight.
-Another example of disturbing the peace
is by being loud and unreasonable
in a willful and malicious manner.
Liability for this crime typically
depends on the context.
For example, if you have a large party
in the middle of the day that tends to have loud music,
you're likely not liable for the crime of disturbing the peace.
However, if after an argument with your neighbor
you turn on all of your outdoor speakers very loudly
and point them in the direction of your neighbor,
then you're likely going to be liable for disturbing
the peace.
-Another way you can be charged with disturbing the peace
is through the use of fighting words.
Now, fighting words are words or phrases
that are so offensive and so inflammatory
that they're very likely to produce a violent response.
Now, normally limitations on free speech
generally trigger first amendment issues.
And Supreme Court has been very deliberate and very narrow
in the kinds of speech that they'll limit.
However, words or phrases that are
so likely to produce a violent response
are under this limitation of the First Amendment.
For example, say you have a family member arrested
outside of your home.
And you approach the police officer
and you start yelling racial slurs at him,
and you challenge him to a fistfight.
Now in this particular scenario, those fighting words
could lead to a disturbing the peace charge
because what you were saying was so inflammatory, and so
offensive that you were very likely to receive
a violent response.
Therefore, this kind of language would not
be covered under your first amendment
freedom of speech protection.
-Disturbing the piece under penal code section 415,
is a misdemeanor.
If you're convicted you could face probation,
fines, and potentially up to 90 days in jail.
But most of all, it's a crime.
It's not just an infraction, so if you are convicted
it will give you a criminal record that potentially
will show up on background checks
when you apply for employment, or other benefits.
-The legal definition of disturbing the peace
is somewhat vague.
Therefore, it's very difficult for prosecutors to prove.
Fortunately, that means that it's easy for criminal defense
attorneys to defend against.
This is why it is critical to discuss your case now
with a criminal defense attorney who
can help you avoid conviction.
-An experienced criminal defense attorney
will often use disturbing the peace as a bargaining tool
to reduce a higher offense.
Now for example, say a person is charged with a prostitution
offense.
And a prostitution is a charge that
comes with negative social connotations, higher penalties,
and it's also a crime of moral turpitude.
But oftentimes we're able to negotiate it down
to a disturbing the peace, which is a much more lower level
innocuous offense.
And often times, we're even able to negotiate it
to disturbing the peace as an infraction.
Which will then result in no criminal record whatsoever.