Are you a California resident who has been arrested and are facing charges for a public safety violation? Are you in need of a public safety violations attorney in California? Consulting with experienced criminal defense attorneys is in your best interest following your arrest. Don't consider just any attorneys. Choose the knowledgeable lawyers from My Rights Law. We are an award-winning law firm with a proven record of victories. Call us at (909) 340-2000 or contact us through our secure web form to take advantage of your free consultation today.
Public Safety Violations are a category of crimes. These are crimes that endanger the public's wellbeing. Public safety violation crimes are disorderly conduct, disturbing the peace, and public intoxication. We discuss these offenses in more detail below.
Disorderly conduct occurs when you display lewd or dissolute behavior in a public place or a place open to public viewership. For example, you may not touch your genitals in public to annoy someone else or for self-gratification. Suppose you were on the sidewalk and saw an attractive person in a window. You looked around to ensure nobody was around to see you. Believing that nobody was in the area, you began touching yourself. If someone looked out their window and saw you, they could report you to a police officer.
Soliciting prostitution or engaging in sexual acts for compensation are other forms of disorderly conduct. Other examples include:
Disturbing the peace occurs when you unlawfully fight in public[1] or challenge someone to fight,[2] maliciously and willfully bother someone by playing unreasonably loud music or use offensive words that likely cause an immediate reaction.[3] For example, hurling racial or sexist slurs at someone is grounds for arrest. Incessantly honking your car horn during normal resting hours is also grounds for an arrest. Suppose you received a permit to host a (loud) party during certain hours. In either case, you cannot be guilty of this offense.
If you find yourself facing disorderly conduct or disturbing the peace violations, My Rights Law skilled defense attorneys can help you.
You may not be drunk in public. Public intoxication is a public safety violation.[4] You can understand why. When you are intoxicated in public, you put yourself and others in harm's way. The law defines public intoxication as:
The law defines "public place" as any place where the general public is allowed free access.
Your front yard and the sidewalk immediately in front of your home is a public place. However, your backyard is not a public place. Therefore, police may arrest you and charge you with public intoxication if you got into a drunken squall on your lawn.
Public safety violations are misdemeanor offenses. A misdemeanor is a crime that is punishable by one year of incarceration. With the aid of a skilled defense lawyer, they can be reduced to infractions. If the police charge your crime as a misdemeanor, you'll have to appear in court to fight the charge. You are entitled to a jury trial for misdemeanor offenses. You should seek legal assistance whenever your offense is a misdemeanor.
If an officer arrests you for a public safety violation, it is possible that you will incur other charges. For example, officers might also charge you with criminal assault, domestic violence, or continuous violence against a family member.
Most of these misdemeanors are punishable by up to one year in jail and a fine of up to $1000. But bear in mind that the fines may increase depending on:
Accordingly, you might pay $10,000-$25,000 in fines.
Furthermore, a judge may order you to pay separate fines for each charge if police arrest you on multiple public safety charges. A judge can even order you to serve jail time consecutively or concurrently. If the judge sentences you to consecutive sentences, you will serve one sentence after the other. Depending on the number of sentences, you could spend a long time in jail.
Other penalties include:
To avoid penalties for multiple charges, you would either need a verdict of not guilty, or the case would need to be dismissed. Sentencing alternatives, which keep you out of jail, such as a mental health or drug diversion program, are favorable victories that avoid criminal penalties.
Any available defenses to criminal prosecution depend on the nature of the crime and the elements that the prosecutor needs to prove. Elements are what a prosecutor (district attorney) must prove for jurors to find you guilty. The defenses you may use turn on the specific circumstances of your case. You may read below to learn more about which arguments attorneys tend to make. However, you should consult one of our knowledgeable public safety violations defense lawyers for a more tailored plan for your case. Our initial consultation sessions are always free.
Although you may think a misdemeanor charge is a light offense, you should take it seriously. Do not assume that prosecutors will drop the charges automatically. It's crucial to hire a criminal defense attorney to protect your rights. But why choose My Rights Law for legal representation?
My Rights Law is an award-winning law firm. But don't just take our word for it. Look over our proven case victories. If our wins aren't enough to convince you, listen to testimonials from our satisfied clients. Rest assured, you're in good hands. Once you choose us to represent you, we will represent you strategically, diligently, and passionately. Don't delay any longer. Call (909) 340-2000 or complete our secure form to take advantage of your free consultation today.
FOOTNOTES
[1] CALCRIM No. 2688
[2] See In re Cesar V. (2011) 192 Cal. App. 4th 989
[3] California Penal Code 415 PC
[4] California Penal Code 647 PC
[5] People v. Belanger (1966) 243 Cal. App. 2d 654
This page was written, edited, reviewed, and approved by Bobby Shamuilian.
Attorney Shamuilian is the managing partner and founder of My Rights Law and is widely recognized as a legal authority, frequently appearing as a legal analyst and TV pundit on national news outlets.
He has earned a perfect “10.0 – Top Attorney” rating on AVVO and a “10.0” rating on Justia, and has been named among the “Top 40 Under 40” and the “Top 100 Trial Lawyers” by The National Trial Lawyers.
With his proven expertise and dedication, Mr. Shamuilian is committed to protecting your rights and achieving the best possible outcome for your case.
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