Disturbing the Peace | Penal Code § 415

Description

Disturbing the Peace may be charged against a person who unlawfully fights in a public place or challenges another person in a public place to fight, or who maliciously and willfully disturbs another person by loud and unreasonable noise, or who uses offensive works or speech in a public place.

What does the prosecutor have to prove?

1. Defendant unlawfully fought or challenged another person in a public place to fight. or
1. Defendant maliciously and unlawfully disturbed another person by loud and unreasonable noise. or
1. Defendant used offense words in a public place that were inherently likely to provoke an immediate violent reaction.

Punishment

Misdemeanor: 0-90 days

 

Can this be charged as a felony or a misdemeanor (“wobbler”)?	No
Is this charge a strike?	No
Is this charge a “serious felony”	No
Is this charge a “violent felony”	No
Do I have to register as a sex offender if convicted?	No
Do I have to register as a drug offender if convicted?	No
Do I lose my right to own or possess a firearm if convicted?	No
Do I lose my right to vote if convicted?	No
Am I eligible for a local sentence (PC § 1170(h)) if convicted?	No
Am I eligible for PC § 1000 drug diversion if convicted?	No
Am I eligible for Prop. 36 drug diversion if convicted?	No
Am I required to give a DNA sample if convicted?	No
Is this charge considered a “crime of moral turpitude” for immigration purposes?	No
Is this charge considered a “aggravated felony” for immigration purposes?	No
Is this charge considered a “controlled substance violation” for immigration purposes?	No
Is this charge considered a “domestic violence” for immigration purposes?	No
Is this charge considered a “firearm conviction” for immigration purposes?	No