Los Angeles Criminal Lawyers Blog

A person who is charged under California Penal Code §647(f) is charged with Drunk and Disorderly conduct. For a person to be convicted under this section, the government must demonstrate that the person is guilty beyond a reasonable doubt of the requisite elements. The person must be willfully intoxicated, they must be in a public place, and they must be a harm to themselves and others, or be obstructing the public walkway in one way or another.

The specific code section does not provide a range of potential consequences, so those of a general misdemeanor will apply. For misdemeanor charges the potential sentence is up to one year of informal probation, a fine of up to $1,000 and up to six months in County Jail.

Informal probation is probation that is not supervised. You do not have to check in with a probation officer. You are simply asked to stay out of trouble for the time that you are under probation, or a probation violation will arise, and may lead to additional penalties added onto the current sentence being served.

The final sentence that is imposed on a person charged with a drunk and disorderly conduct will be determined after considering several factors. The prosecutor will look into the person's prior criminal history, and they will look at the specific facts of the case.

Consider these examples:

Example 1: Don has just left a friend's birthday party and is walking down the street. He has had a lot to drink and is clearly intoxicated. As he walks down the street, he stops and talks to people, often blocking their path until they listen to him. In one case, he stops a woman walking by and wont let her pass him until she gives him a hug. He is arrested and taken into custody. Don has been arrested before for a DUI and has been convicted of an assault.

Example 2: David is walking down the street from his house to his friend's house which is a few blocks away. He has had a few drinks and is intoxicated. As he walks down the street, he waves to neighbors and shouts some comments to friends. Determining that he is drunk, officers arrest him and take him into custody.

Don has a past criminal record that warrants consideration. He has been convicted of assault, and has a DUI which implies he may have a drinking problem. He is also harassing a woman on a public street. He will likely get a harsher punishment with some jail time and an increased fine. In comparison, David is not causing trouble, even though he is drunk. He also has no record. If he is convicted, he will get a simple sentence that will not require jail time.

A range of potential consequences allows room for negotiation on a final sentence. An experienced Los Angeles Criminal Defense lawyer can prepare a powerful argument and defense that will persuade the Judge to impose a sentence that is towards the lower end of spectrum.

In California, many people are often arrested for a drinking in public charge. It is referred to as, drunk and disorderly conduct and is charged under California Penal Code §647(f).

In order for prosecutor's to prove a drunk and disorderly conduct, certain elements of the charge must be proven beyond a reasonable doubt.

First and foremost, the prosecutor must demonstrate that you were willfully under the influence of alcohol. This means that you either took a blood alcohol test and there is evidence of your intoxication, or you demonstrated signs of intoxication. If you were given a blood alcohol test, then there is little room for dispute, unless you feel that the machine was not properly calibrated, or there are maintenance issues. If it was a blood test, you may feel that the sample was contaminated and is not giving an accurate reading.

If this is the case, then it is important to have a Los Angeles Criminal Defense attorney contest the validity of the sample. If you feel that you were intoxicated, then the element of willful intoxication will likely have no problem being proven beyond a reasonable doubt.

Secondly, the government must demonstrate to the courtroom that you were in a public place. Any area that is open to the public will meet this burden. If you are drunk in a restaurant, leaving a club or even outside a sports arena, you could be charged under California Penal Code §647 (f).

The last element that needs to demonstrate is the hardest to prove. The prosecutors must show that the person was not only in a public place, but they were a harm to themselves and others, and they were obstructing other people's movement by being intoxicated in a public place.

Lets consider an example. David is hanging outside a club on a street in downtown and appears to be intoxicated. He is fumbling around in his pocket for his cell phone and then struggling to dial a number for a cab. He is visibly drunk, and people continue to walk by him. There would possibly be no debate as to David's intoxication. Officer's observations will state in their report that he exhibited clear signs. It is certainly a public place, since it is a street in downtown and people are walking by passing him. However, he is not a harm to himself or others. He is not starting a fight, he is not yelling at passersby, and he is certainly not causing anyone to be put in a situation where they would be injured. He also is no threat to himself as he is dialing a cab so that he can go home. David may be charged with drunk and disorderly conduct, but it is unlikely that he will be convicted.

A drunk and disorderly charge is a misdemeanor. Many people believe that it is easier to plead guilty and not go through the hassle of Court. What many people do not know is that this charge is one that is often without basis. It is a charge that is given to people who are intoxicated in public, and when it is argued in Court, the case generally can be reduced or dismissed. Speak to an experienced Criminal Defense attorney who can effectively argue in your favor and assure that it does not become a part of your permanent record.