Alameda Disorderly Conduct Lawyer
Disorderly conduct is typically a misdemeanor offense under state law. However, repeated charges may result in more severe penalties. Since a misdemeanor could result in jail time and fines, seeking the advice of an Alameda disorderly conduct lawyer could be beneficial.
If you are facing a charge for disorderly conduct, you could be facing time-consuming and stressful consequences. A dedicated criminal defense attorney could defend your rights to protect your interests. En Español.
Defining Alameda Disorderly Conduct
California Penal Code § 647 defines disorderly conduct. This offense covers a wide range of offensive or disruptive behaviors that individuals commit in public. Some examples of conduct that would qualify as disorderly include:
- Engaging in improper sexual conduct, such as soliciting prostitution or peeping into public restrooms
- Loitering or staying in private or public buildings without consent of the owner of the property
- Being under the influence of alcohol or drugs in public to the extent that individuals are unable to exercise care for the safety of themselves or others, or obstruct a public sidewalk or road
- Accosting others or begging for money or other things of value
A defense lawyer in Alameda could collect evidence, video footage, and witness statements to determine if the behavior was disorderly.
Disturbing the Peace
Under disorderly conduct is a separate offense called “disturbing the peace.” This offense occurs when individuals:
- Fight in a public place or challenge others to fight
- Make loud and unreasonable noise to disturb others intentionally
- Use offensive words that are likely to provoke violence
Under Cal. Pen. Code § 415, a conviction for disturbing the peace can result in up to 90 days in the county jail, a $400 fine, or both. As these charges still constitute a criminal charge, seeking representation by a disorderly conduct attorney in Alameda may be useful.
Criminal Offenses Related to Disorderly Conduct
Other behaviors are related closely to disorderly conduct. These offenses often are charged in conjunction with, or place of, disorderly conduct charges. Some examples of these offenses include fighting on school grounds and trespassing.
Under Cal. Pen. Code § 404, individuals may face charges for rioting if they use force or violence, threaten to use force or violence with the power to do so, or otherwise disturbing the public peace. Riots must consist of two or more people acting together and can occur within places of confinement, like jails or prisons.
If people are accused of disturbing the peace and then refuse when an officer orders them to disperse, they commit a misdemeanor offense. Cal. Pen. Code § 416 also requires that people under this section make restitution for any damage to personal or real property that they cause.
Penalties for Disorderly Conduct in Alameda
In Alameda, the penalties for disorderly conduct could be serious, but a seasoned attorney could work to minimize them. Individuals can face up to six months in jail for certain disorderly conduct convictions, up to $1,000 in fines, or both. If individuals have previous convictions for disorderly conduct, they may be subject to more severe sanctions.
When disorderly conduct occurs on a school campus, Cal. Pen. Code § 415.5 mandates that individuals receive up to 90 days in the county jail, a $400 fine, or both. This section specifically refers to both elementary and secondary schools, as well as college campuses.
Talk to an Alameda Disorderly Conduct Attorney Today
While a disorderly conduct charge may initially seem minor, it still can result in a criminal record.
An Alameda disorderly conduct lawyer could go over your case, guide you through the process, and seek alternative resolutions. By consulting legal counsel early on, you could reduce the risk of a criminal conviction. Call now.