I threw a house party last weekend and had maybe about 20-25 people over. I have a single family home in a pretty nice subtle suburban neighborhood. Some music playing along with some dancing with nothing too crazy going on. We are all adults (25-30) and definitely were not outside of the house causing a significant disturbance. However, my neighbor has called the cops regarding the noise numerous times everytime I have people over. They seem extremely sensative to sound because no one else seems to complain at all. I am now being charged with disturbing the peace because the same officers that came before have shown up again, and I have a court appearance to go to soon. On top of this, my neighrbor also claimed that my guests shouted threatening slurs to them which I am being questioned about.
I am being charged for disturbing the peace in California, what type of penalties will there be and can I defense this?
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Answer: (1)
Disturbing the Peace in California is usually charged with a Misdemeanor, a fine up to $400, and perhaps 1 year max jail time. Al though, I doubt you will get a jail sentence unless you are able to pay the fine and if the circumstances were much worst causing a great deal of suffering to your neighbors.
However, considering the fact that no one else seems to complain, you can try to defend this charge. Consult with a Criminal Defense Lawyer who can assist you with that. Al though it seems like only a slap on the wrist to get a misdemeanor, you can count on it going onto your permanent record which will surely cause issues for you going into the future. A lawyer can help you avoid that from happening.
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Posted by Eric Chan on 22 Jan 2010