Being Drunk in Public Charge – CPC Section 647(f)

According to California Penal Code Section 647 (f), it is illegal to be in a public place while under the influence of alcohol or drugs if you are unable to exercise care for your safety or the safety of others. In addition, if your condition interferes with or obstructs the free use of any public place, like a sidewalk or street, you may face a drunk in public charge. A California drunk in public lawyer will tell you that to be prosecuted for this crime you must be in a public place and the prosecution must be able to fulfill its burden of showing what about your condition caused you to be a danger to yourself or others.

Prosecution’s Burden

A California drunk in public lawyer will inform you that merely being drunk while in public is not enough to be convicted of a drunk in public charge. The prosecution must show that the police had a belief that your intoxication posed a danger to others or yourself. Therefore, the prosecution must provide evidence, usually in the form of the arresting officer’s testimony, regarding what caused the officer to possess this belief.

Penalties

In California, a drunk in public charge is a misdemeanor. If you are convicted of a drunk in public charge, you can face up to six months in jail. In addition, you may be assessed a maximum fine of $1,000 and informal probation for two to three years. A California drunk in public lawyer may also tell you that If you have prior convictions that include a similar charge, you may face additional penalties.

Defenses

If you face a drunk in public charge, several defenses may exist for your case. For example, a California drunk in public lawyer may ask the arresting officer to testify in your case to challenge the officer’s recollection regarding the circumstances surrounding your drunk in public arrest. If the officer is unable to state facts that support the contention that you posed a danger to others or yourself, the officer may have lacked the probable cause necessary to stop and detain you.

If you face a drunk in public charge, you need a California drunk in public lawyer like Daniel Cota who will provide you with a strong defense. Daniel understands the lasting consequences of a drunk in public conviction, and will work with you to achieve a positive outcome. To schedule your free consultation, call (800) 351-6860.

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