Tyler & Wilson, LLP Articles Fighting Disturbing the Peace Charges

Fighting Disturbing the Peace Charges

By Tyler & Wilson  Nov. 1, 2010 10:50a

Disturbing the peace is a broad term that generally refers to an individual either unlawfully fighting in a public place or challenging another to fight in a public place. It also covers maliciously and willfully disturbing another person by loud and unreasonable noise or using offensive words in a public place which are likely to provoke an immediate violent reaction.

California first enacted disturbing the peace laws in 1872. They were created with the intention of preventing any behavior that would "breach the peace." A century later, an amendment was made and slight change to the verbiage of the "fighting words" section. It now states, "Any person who uses offensive words in a public place which are inherently likely to provoke an immediate violent reaction." A disturbing the peace conviction is a misdemeanor and is punishable by up to 90 days in jail and/ or a fine up to $400.

What a Conviction Means

Any misdemeanor conviction will leave you with a permanent criminal record and must be taken very seriously. When background checks are performed on you for future employment, you will be forced to explain your disorderly conduct charge. In many cases, you simply will not get the job because you have a criminal record, many people won't even interview you for that matter.

If you have been accused of disturbing the peace, a Los Angeles disturbing the peace attorney at Tyler & Wilson, LLP can help. We are well versed in the laws pertaining to disturbing the peace charges and are prepared to challenge the prosecution's evidence against you. The prosecution will have to prove beyond a reasonable doubt that willfully fought or challenged another person and that the fight occurred in a public place. We are aware that you might have been defending yourself or protecting another individual from bodily harm in the altercation and therefore it was your right to act in the manner that you did. 

Contact a Los Angeles Disturbing the Peace Lawyer at our firm today for a free case evaluation.

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