If you use offensive words in a public place, you could be charged with disturbing the peace.
Disturbing the peace is one of those criminal charges that it seems that everyone has heard of but few people know what it actually means. Of course, that is partially because this criminal charge is so broad that it can cover so many different types of activities, and is used by prosecutors as sort of a catch-all crime. The good news is that because of this, a skilled criminal defense attorney in Riverside, CA can often mount a good defense to a disturbing the peace charge.
Under California law, disturbing the peace can be charged whenever a person (1) unlawfully fights, or challenges another person to fight in a public place; (2) disturbs another person by loud and unreasonable noise, if this is done willfully and maliciously; or (3) uses offensive words in a public place, if the words are likely to provoke an immediate violent reaction.
As you can see, a prosecutor can charge a person with disturbing the peace for any number of reasons. If you are at a bar and get into an argument with another person there, you could be charged with disturbing the peace — even if you are just joking when you challenge him to a fight. If you play loud music at night, you could potentially be charged with disturbing the peace, if the prosecutor claims that you did so with the intent of disturbing your neighbors (for example, if you were angry at them for some reason and your neighbors claimed that you did this in retaliation). If you used a demeaning term for a particular ethnic in front of a group of people of that ethnicity, that could also be charged as disturbing the peace — particularly if you kept using the word even after being told that the term was making the people angry.
Disturbing the peace can be charged as either a misdemeanor crime or as an infraction, depending on the facts of the case. The penalties for this crime include up to 90 days in county jail, and/or a fine of up to $400.
A skilled criminal defense attorney in Riverside, CA can mount many potential defenses to a charge of disturbing the peace, particularly because this crime often involves the use of words. As a result, the charge often implicates your First Amendment rights. Your lawyer may be able to argue that your speech was constitutionally protected. Alternatively, your criminal defense attorney in Riverside, CA could argue that you lacked the criminal intent necessary to charge the crime. For example, perhaps you were playing loud music or making loud noises, but not willfully or maliciously — it was just because you were celebrating good news.
At the Chambers Law Firm, we have substantial experience defending clients in Riverside and beyond against charges such as disturbing the peace. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial appointment and learn more about how we can help you if you have been charged with a crime.
