What You Need to Know About Disorderly Conduct in California
The California statute for disorderly conduct includes a wide variety of crimes, making it a broad sector of law. Generally, these crimes are minor, making it fairly early to be charged with disorderly conduct. Therefore, it is important to familiarize oneself with what counts as disorderly conduct, what its consequences are, and what the best defense is. Here is everything you need to know about disorderly conduct.
Disorderly conduct is a misdemeanor in California and may be penalized with a $1,000 fine or up to 6 months in prison. Any offense after that will lead to more severe punishment. To defend oneself from a disorderly conduct charge, one should try to prove that they did not commit the crime, they were falsely accused, or they were arrested without probable cause.
What Counts as Disorderly Conduct?
Disorderly conduct falls under California Penal Code § 647. Disorderly conduct includes any behavior or action in a public space that is considered offensive, disturbing, or disruptive to others. Essentially, disorderly conduct denies others of their enjoyment of a public place.
Numerous crimes may count as disorderly conduct, such as:
- Lewd conduct in a public place
- Prostitution or soliciting sex for money
- Loitering on private property with no lawful purpose
- Squatting or living in a building without permission
- Being drunk or intoxicated in a public place
- Begging for money in a public place
- Using a public restroom to engage in lewd acts
- Eavesdropping through the window of a private structure
- Using a camera or binoculars to watch others
- Fighting or using offensive words in a public place
While a crime may not fall directly under Penal Code § 647, similar misconduct may have the same charges. This is because the statute covers a large range of minor offenses. Generally, disturbing the peace, loitering, trespassing, and rioting, are all essentially charged as disorderly conduct, though they have their statutes under California law.
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Is Disorderly Conduct a Misdemeanor or Felony in California?
Disorderly conduct is considered a misdemeanor in California. So, it is not considered a felony. While misdemeanors are not considered felonies, the charges one faces become more severe with every infraction.
What Are the Penalties for Disorderly Conduct?
In California, disorderly conduct is considered a misdemeanor and could be charged with fines or jail time. For a first offense, one could be charged for up to $1,000 or serve a jail sentence for 180 days (6 months) or more.
From the second offense onward, the charges become more severe. Jail sentences can be up to a year or longer, and fines can be raised to upwards of $2,000. Further, every charge will be recorded on one’s permanent record. So, though the crimes that count as disorderly conduct seem somewhat minor, it is best to avoid a conviction.
How Do I Defend Against a Disorderly Conduct Charge?
If someone is charged with disorderly conduct, it is in their best interest to compose a strong defense to fight the charge. First, the best way one can properly defend themselves against a disorderly conduct charge in California is to equip themselves with a good lawyer. Generally, though, there are a few legal defenses that one could use. The defendant must give evidence that they:
- Did not commit the act for which they were charged
- Were falsely accused
- Were arrested without probable cause
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If one or more of these defenses can be proved, then the penalties may be lowered or the charge may be dropped.
To prove that the defendant did not commit the crime they were charged with, they must provide substantial evidence and deeply consider the parameters of the law. False accusations could happen as a mistake, but it is also possible to prove that a false accusation was made with an emotionally charged motive, such as anger, jealousy, or revenge.
Lastly, according to the Fourth Amendment, an officer must have probable cause when making an arrest. If evidence of a misdemeanor is collected without probable cause, then that evidence will not be admissible in court. If this happens, the case may be dismissed altogether.
If you are facing a misdemeanor charge in California and need a lawyer, get your free consultation with a Her Lawyer attorney today.
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If you or a loved one would like to learn more about Disorderly Conduct California, get your free consultation with one of our most qualified attorneys in California today!