Los Angeles Disturbing the Peace Attorneys
Ordinary citizens can face charges of disturbing the peace if they engage in activities that disrupt the tranquility of others. Whether it’s rowdy behavior at parties, public protests turning violent, or domestic disputes spilling into public spaces, the line between acceptable behavior and criminal acts can be thin. Seeking legal representation from a professional Los Angeles criminal defense attorney is crucial in such situations.
Facing disturbing the peace charges can be challenging, given the blurry boundaries of acceptable behavior. At Werksman Jackson & Quinn LLP, we understand the severity and nuanced nature of such allegations. Our seasoned and respected attorneys, including Mark Werksman, Alan Jackson, and Kelly Quinn, are ready to provide you with the legal guidance and dedicated support you need. With Mark Werksman’s renowned federal defense work and Alan Jackson’s extensive prosecutorial experience, our firm is fully equipped to handle complex, high-stakes cases that demand the absolute best.
Don’t navigate this legal maze alone—call us at (213) 688-0460 for a free consultation to discuss your case.
Cal Pen Code § 415 states that “Any of the following persons shall be punished by imprisonment in the county jail for a period of not more than 90 days, a fine of not more than four hundred dollars ($400), or both such imprisonment and fine:
(1) Any person who unlawfully fights in a public place or challenges another person in a public place to fight.
(2) Any person who maliciously and willfully disturbs another person by loud and unreasonable noise.
(3) Any person who uses offensive words in a public place which are inherently likely to provoke an immediate violent reaction.”
Simply put, California law prohibits the following behavior as disturbing the peace:
- Engaging in unlawful fighting or challenging someone to fight in public.
- Deliberately disturbing others with loud and unreasonable noise.
- Using offensive language in public that is likely to provoke violence.
If convicted, individuals could face imprisonment in county jail for up to 90 days, a fine of up to $400, or both.
When defending against disturbing the peace charges, several constitutional issues may be raised to challenge the prosecution’s case:
- First Amendment rights: Defendants may argue that actions, such as protesting or speaking out in public, are protected under the First Amendment’s guarantee of freedom of speech and assembly. Any restrictions on these rights must be narrowly tailored and serve a compelling government interest.
- Vagueness or overbreadth: Defendants may challenge the constitutionality of the statute, arguing that it is too vague or overly broad, potentially infringing on constitutionally protected activities.
- Selective enforcement: Defendants may assert that they are being selectively targeted for prosecution based on their race, ethnicity, or other protected characteristics, in violation of the Equal Protection Clause of the Fourteenth Amendment.
With Werksman Jackson & Quinn LLP, we will assess the specifics of your case and develop a defense strategy tailored to the constitutional issues raised. We will provide guidance on what steps to take when accused of disturbing the peace, conduct a thorough evaluation of the case by examining the evidence and identifying potential defenses or constitutional issues, and zealously challenge the prosecution’s case in court.
In a city like Los Angeles, you need a criminal defense lawyer who isn’t like the rest and knows how to handle complicated, intense cases. If you are dealing with accusations of disturbing the peace, the experienced LA attorneys at Werksman Jackson & Quinn LLP are here to serve as your trusted legal allies.
Call us at (213) 688-0460 today to start the path toward a favorable outcome.
Recent Case Results
- Complete Dismissal of Molestation Charges
Attorney Mark Werksman’s 29 year old client was falsely accused of molesting two neighborhood children and was subsequently charged with felony child molestation, with a significant prison sentence hanging over his head should he be convicted. Instead, at the preliminary hearing Werksman was able to convince the court to grant his client a complete dismissal of any charges.
- Decision Set Aside
Client, a college student in a faulty Title IX case, was awarded $130,000 in attorney fees.
- Probation with No Jail Time for Drug Money Laundering Charge
Wilmington man accused in New York federal court of laundering drug money through the sale of laptop computers. Mark was able to get the case transferred to federal court in Los Angeles, where he convinced the United States Attorney to reduce the charges. His client was sentenced to probation with no jail time on a misdemeanor conviction.