Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
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Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
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In California, the term “Police Code 415” is sometimes used interchangeably with the statute Penal Code 415. Both of these terms refer to the crime of disturbing the peace.
You could get charged with disturbing the peace of you:
The number comes from the state’s Penal Code section for the offense. Disturbing the peace is a wobblette. It can be charged as
The language of the statute reads as follows:
415. 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.
Disturbing the peace is an offense that covers any of the following:
Unlawful fighting is one way to disturb the peace. California prosecutors have to prove the following three elements to secure a conviction for unlawful fighting:
You “willfully” fight someone when you act on purpose or deliberately.3
Making unreasonable noise can also disturb the peace.4 This often happens by playing excessively loud music.5
Prosecutors have to prove two things beyond a reasonable doubt to secure a conviction in California:
Offensive words that are designed to provoke violence can also disturb the peace. The prosecutor has to prove the following elements of the offense:
Importantly, you do not need to intend to provoke a violent response.8
A police code is a shortened description of a particular situation or a potential criminal offense. Police officers use them as radio codes to relay information to other officers. This can help them perform investigations.
The police department will use codes so officers can better prepare for situations while en route. They can also help during stakeouts. For example, 415 is the police code for a suspected disturbance of the peace.9
Disturbing the peace is a wobblette in California. These charges can be pursued as either a misdemeanor or as a noncriminal infraction.
If prosecuted as a misdemeanor, the penalties can be up to:
However, if the offense happened on a college or school grounds – and you have a prior conviction for disturbing the peace – the penalties increase to:
You have to spend at least 10 days in jail in these cases.12 If you have two prior convictions – and the offense happened on school grounds – the mandatory minimum jail sentence is 90 days.13
Several strong legal defenses can be used to combat a charge of disturbing the peace. Some of the most common are:
If you raise the self-defense defense, prosecutors must show beyond a reasonable doubt that you did not act in self-defense.14 To be acting in self-defense, you:
For disturbing the peace charges involving offensive words, it is a legal defense that you reasonably believed your words were not likely to provoke a violent reaction.16
For charges stemming from loud music, noise, or an allegedly offensive statement that provoked violence, it can also be a defense that the statement was constitutionally protected. This can defend speech that was, for example, political or religious in nature.17
Additionally, the 415 code is common with other police codes. Many of these mirror the Penal Code section that describes the crime. Some do not, though:
Not all police codes are for crimes, though. Some police codes are meant to relay important information back to the police department and to other law enforcement officers. These include codes like:
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.