What Happens When Someone Is Arrested for Penal Code 415 in California?

Fighting creates a disturbance to the public peace.

The state of California considers the use of fighting words, fighting and loud and unreasonable noise to be a public nuisance. California citizens enacted a law against these actions, which are found under California Penal Code 415. Anyone arrested and convicted under this statute may face a fine and a jail sentence.

Defendant's Punishment for the First Offense

Think about your actions before you act.

A defendant who is charged under California Penal Code 415, even for her first offense, will be subject to a fine of a maximum $400, and she will be placed in a county jail for a length not to exceed 90 days. If the defendant is found to be in violation of California Penal Code 415 again, the punishment and the fine will increase.

Defendant's Punishment for the Second Offense

Conviction of 415 can include heavy fines.

The second time a defendant is charged with violating Penal Code 415, she will be subject to imprisonment that must consist of a minimum of 10 days but a maximum of six months. The fine for the defendant's second violation increases to $1000. Once the defendant receives a second charge under Penal Code 415, she cannot be released on any basis, including probation or parole, until she has completed a minimum of 10 days of jail time.

Defendant's Punishment for the Third Offense

Not only do you lose money, you also lose your freedom.

For the defendant's third and subsequent offenses of California's Penal Code 415, the defendant faces punishment in the form of a fine up to $1000, and a jail term that is not less than 90 days but does not exceed six months. After being caught violating this law for the third time, the defendant is required to serve a minimum of 90 days without the option of release through probation or parole.

Defendant's Punishment for Subsequent Offenses

Repeat offenders can cause significant damage to the peace of society.

If the defendant is a repeat offender, the judge may take into consideration prior convictions on the defendant's record when determining the defendant's sentence. The court may even request a written report from the Department of Justice to obtain all convictions on a defendant's record. The defendant may be given a harsh sentence if the judge finds that he is prone to violence.

References

• Onecle; California Penal Code Section 415; 2011
• Official California Legislative Information; Penal Code Section 403-420.1; 2011
• Library Law.com: Selected California State Laws of Interest in Drafting Patron Behavior Rules in Libraries; 2011