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California Public Safety Violation Attorney

The Impact Of Your Arrest Can Be Reduced By Hiring An Experienced Public Safety Violations Lawyer

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 (888) 702-8882 or contact us through our secure web form to take advantage of your free consultation today.

What Are Public Safety Violations?

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 California Penal Code 647 PC

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:

  • Stripping in public
  • Rioting
  • Failing to disperse
  • Trespassing
  • Begging passersby for alms, and
  • Loitering around a public restroom to solicit sex or annoy others

Disturbing The Peace California Penal Code 415 PC

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.

Public Intoxication California Penal Code 647f PC

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:

  • Being in a public place
  • While under the influence of alcohol, drugs, or other controlled substances
  • And unable to exercise care for your safety and the safety of others, or
  • Obstructing or interfering with free use of public spaces, streets, and sidewalks.[5]

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.

Is A Public Safety Violation A Misdemeanor Or Felony?

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.

What Are Related Offenses?

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.

What Are The Penalties For Public Safety Violations?

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:

  • the alleged victim’s age
  • whether you broke an order of protection
  • whether you assaulted an officer
  • whether the charge is a subsequent offense.

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:

  • job loss
  • certification revocation or suspension
  • driver’s license revocation or suspension
  • educational delays

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.

What Are Defenses Against Public Safety Violations?

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.

1. Disorderly Conduct Defenses

  • No probable cause
  • Mistaken identity
  • False accusation
  • Alibi
  • Not willfully
  • Mistake of fact

2. Disturbing The Peace Defenses

  • Not unreasonably loud
  • Not malicious and willful
  • Reasonable justification
  • Self-defense
  • False accusation
  • Mistaken identity

3. Public Intoxication Defenses

  • Involuntary intoxication (e.g., someone slipped something into your drink)
  • Not accessible to the public
  • Faulty breathalyzer

Call My Rights Law Today

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 (888) 702-8882 or complete our secure form to take advantage of your free consultation today.

[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

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