California Penal Code 415 – Disturbing the Peace

Overview

California Penal Code 415 PC makes it a crime to disturb the peace by fighting in public, making unreasonable noise, or using offensive language likely to provoke a fight. It’s one of the most frequently charged misdemeanors in California—especially in nightlife areas, protests, or domestic disputes.

While often treated as “minor,” a PC 415 conviction can still have serious consequences, especially for non-citizens, licensed professionals, or anyone undergoing a background check.

At Jones Trial Attorneys, we treat every case with the care and attention it deserves—whether the goal is a dismissal, diversion, or full acquittal at trial.

Legal Definition

Under Penal Code § 415, a person is guilty of disturbing the peace if they:

1. Unlawfully fight or challenge another person to fight in a public place;

2. Maliciously and willfully disturb another person with loud and unreasonable noise; or

3. Use offensive words in a public place that are likely to provoke an immediate violent reaction.

Elements of the Crime

To convict someone under PC 415, the prosecution must prove:

• Public fighting: You willfully engaged in or provoked a physical fight in public;

or

• Unreasonable noise: You made loud, willful noise that disturbed others and had no legitimate purpose;

or

• Provocative language: You used words likely to incite violence or a breach of the peace in a public setting.

These elements often depend on context, witness credibility, and officer discretion.

Penalties for Disturbing the Peace

Most PC 415 violations are charged as misdemeanors or infractions, depending on severity and history.

• Infraction (for first-time or low-level violations):

• Fine up to $250

• Misdemeanor:

• Up to 90 days in county jail

• Fines up to $400

• Probation, community service, or anger management classes

Many cases are eligible for diversion, meaning no conviction if conditions are met.

Defenses to PC 415 Charges

At Jones Trial Attorneys, we examine every angle to defend PC 415 charges. Common defenses include:

• Self-defense – You were defending yourself or someone else from harm

• False accusation – Witnesses exaggerated or fabricated the incident

• Free speech protection – Your language, while offensive, was constitutionally protected

• Noise was reasonable – The setting justified the volume (e.g., live event, protest)

Immigration and Employment Consequences

Although often considered minor, a PC 415 conviction can:

• Appear on background checks

• Jeopardize immigration status if linked to violence or gang affiliation

• Affect licensing for nurses, teachers, real estate agents, and other professionals

We aggressively pursue outcomes that preserve your record and your future.

Related Offenses

• PC 242 – Battery

• PC 602 – Trespassing

• PC 148 – Resisting Arrest

• PC 647(f) – Public Intoxication

How Jones Trial Attorneys Can Help

We understand that disturbing the peace charges often stem from misunderstandings, stress, or over-policing. We don’t treat your case like a ticket—we treat it like an opportunity to protect your name, your rights, and your long-term interests.

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