Disorderly conduct as defined in Section 647 of the California Penal Code is a broad offense that can vary from public intoxication to invading the privacy of others to soliciting prostitution. Disorderly conduct is usually a misdemeanor, and violations are most commonly charges of public intoxication. However, to be charged with disorderly conduct, a person must do more than simply be drunk in public; he or she must also display an inability to care for their own safety, the safety of others, or must be obstructing a public way, such as a sidewalk or street.
Spolin Law has a record of trial success fighting disorderly conduct charges. If your case is handled by us, we will make every effort to file legal motions that will work towards strengthening your case, with an aim towards a dismissal, acquittal, or favorable plea deal. Call (310) 424-5816 to speak with a representative from ]Spolin Law today.
Punishments for Disorderly Conduct
Disorderly conduct crimes are charged as misdemeanors. Penalties for a disorderly conduct conviction, such as accusations of being drunk in public, can lead to a fine of up to $1,000, up to six months in county jail, or both. Some types of disorderly conduct, such as distributing sexual photos of a minor can have elevated penalties.
Aside from the punitive criminal penalties, a disorderly conduct conviction can have other consequences on your life as well. You may find it harder to get work due to having a criminal conviction on your record. It may also be more difficult to find a favorable loan. Because of the numerous consequences of a conviction, it’s important to develop a suitable defense for your accusations.
Legal Defenses for Disorderly Conduct Charges
Disorderly conduct accusations can be combated through deliberate preparation and thorough knowledge of the way the legal system operates. There are many ways to defend against these kinds of allegations, such as:
- Involuntary Intoxication: If you were drugged without your knowledge, you may be able to use that as a defense. You could argue that you would not have exhibited signs of disorderly conduct had you not been drugged against your will.
- Mistaken Identity: You may have been arrested for something you did not do. In such a case, you should be able to convince the court that it’s got the wrong person and you are innocent of any alleged crime.
- Defense of Others: It’s possible for a situation to arise where you were intoxicated and behaved in a way that was disorderly, but you truly believed that your actions were necessary to help others through a perceived danger.
- No Evidence of Intoxication: A disorderly conduct charge for public drunkenness relies on the accused person being intoxicated at the time of arrest. The prosecution must be able to provide evidence of your level of sobriety such as a blood or breath test. Without concrete proof that you may have been intoxicated, they don’t have a case.
- Prosecutor Failed to Prove Case: The prosecutor must prove that your intoxication was obstructing a public way or that you were disregarding your safety or the safety of others. This is no easy task, so your defense could hinge on the prosecutor’s inability to prove the accusations against you.
It’s important to use the defense that will best give you the chances of acquittal or the dismissal of your case. Attorney Aaron Spolin can help you decide what the best course of action for your specific situation may be. Call Spolin Law at (310) 424-5816 to learn more.
Hire a Disorderly Conduct Defense Lawyer
Who you choose to represent you in your disorderly conduct case can make all the difference. Your attorney must be willing put in the effort you need to keep your freedom, avoid expensive fines, and minimize any damage to your reputation.
To speak with a legal representative about your defense options, call Spolin Law at (310) 424-5816 today.