Laws vary greatly from state to state. Here in CA, a common crime that we see here at Seneca Law Group is the PC 415 Noise Violation. This is also known as “disturbing the peace,” and can usually be added on to charges.
When one hears the term “noise violation,” the first thought that often comes to mind is loud music playing next door at a party or construction that awakens you at 5 a.m.
These scenarios are disturbing, but given the circumstances, they are probably not a PC 415 violation. In CA, intent is heavily weighed when punishment for the violation of this law is doled. According to the California Penal Code 415 PC, there are three different ways that this law can be broken:
- Unlawfully fighting, or challenging another person to fight, in a public place – Getting out of the car at a stop light and punching the driver because he or she cut you off.
- Disturbing another person by loud and unreasonable hgh growth noise; if this is done willfully and maliciously – If your upstairs neighbor’s TV is too loud, that would most likely not be a violation, but if they continuously stomped on their floor because you took their favorite parking spot, then you would probably have a case.
- Using offensive words in a public place . . . if the words are likely to provoke an immediate violent reaction – Saying ugly things about a person’s family member, even after the person asked you to stop because they were getting violently angry could put you in jail, even if that person hit you first.
In addition a 415 noise violation is also a lesser included offense of may other crimes. Many times an experienced attorney can get a much more serious misdemeanor crime reduced to a 415 noise violation which is an infraction.
If you have been arrested for violating California’s PC 415 PC, there is still hope. Give us a call here at Seneca Law for more information.