Marin County Disorderly Conduct Attorney
What Is Disorderly Conduct in California?
Many people think disorderly conduct only means being drunk in public. In reality, the law covers much more. These charges can still lead to jail time, fines, probation, and a permanent criminal record.
If you were arrested for disorderly conduct in Marin County, a defense attorney can help you understand the charge and your options.
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Common Disorderly Conduct Charges in California
Disorderly conduct includes several different offenses, all listed under Penal Code 647. Some of the most common charges include:
- Public intoxication
- Solicitation or prostitution
- Lewd conduct in public
- Panhandling or aggressive begging
- Loitering on private property
- Peeping or invasion of privacy
Long-Term Consequences of a Disorderly Conduct Conviction
Even though these charges may seem minor, a conviction can have lasting effects, including:
- A permanent criminal record
- Problems with employment or housing
- Immigration consequences for non-citizens
- Mandatory registration for certain offenses
In some cases, expungement may be possible after completing probation.
Public Intoxication (Penal Code 647(f))
Public intoxication, often called “drunk in public,” involves being under the influence of alcohol or drugs in a public place.
You may be charged if police believe you:
- Could not care for your own safety or the safety of others
- Blocking or interfering with streets or sidewalks
Possible defenses include:
- You were not in a public place
- Your intoxication was involuntary
- You were not obstructing a public pathway
Lewd Conduct in Public (Penal Code 647(a))
Lewd conduct involves engaging in or asking someone to engage in sexual behavior in public or in a place visible to the public.
A lewd act usually means touching private parts for sexual gratification or to offend someone else.
Common defenses include:
- You were in a private place where you expected privacy
- There was no sexual intent
- Police entrapped you
Prostitution or Solicitation (Penal Code 647(b))
This charge involves offering, agreeing to, or engaging in sexual acts in exchange for money or something of value.
Police often make these arrests during sting operations.
Common defenses include:
- No money or compensation was discussed
- There was no intent to engage in prostitution
- You were pressured or entrapped by police
Illegal Panhandeling, Loitering, Squatting
Panhandling or Soliciting Money (Penal Code 647(c))
Panhandling becomes disorderly conduct when it is aggressive or disruptive in public spaces.
Defenses may include:
- You were exercising free speech
- Your conduct was not aggressive
- You were not in a public location
Loitering in a Public Restroom (Penal Code 647(d))
This offense involves lingering in a public restroom with the intent to engage in lewd or unlawful behavior.
Possible defenses include:
- You were not loitering
- There was no lewd intent
- The restroom was not open to the public
Illegal Squatting or Lodging (Penal Code 647(e))
This charge applies when someone stays or sleeps in a building, vehicle, or structure without permission.
Common defenses include:
- You had permission to be there
- There was no intent to lodge
- You did not know the property was private
Loitering or Peeping (Penal Code 647(h) and 647(i))
These charges involve lingering on private property without a lawful purpose or peeking into windows or doors.
Defenses may include:
- You had a legitimate reason to be there
- There was no intent to commit a crime
- You did not peer into any building
Invasion of Privacy (Penal Code 647(j))
Invasion of privacy includes secretly viewing, recording, or photographing someone in a private place, such as a bathroom or bedroom.
Possible defenses include:
- No intent to invade privacy
- No reasonable expectation of privacy
- Consent was given
Frequently Asked Questions When Charged with a Misdemeanor
Is disorderly conduct always a misdemeanor in California?
Most disorderly conduct charges are misdemeanors, but the penalties still include jail time and fines.
Can I go to jail for disorderly conduct?
Yes. A conviction can result in up to six months in county jail, though probation is common for first-time offenders.
Will disorderly conduct stay on my record?
A conviction creates a criminal record, but expungement may be possible after probation is completed.
What if I was falsely accused?
Mistaken identity, lack of intent, and lack of public conduct can all be valid defenses.
Hire a Marin County Disorderly Conduct Defense Attorney
If you were arrested for disorderly conduct in Marin County, it is important to act quickly. Even minor charges can affect your future.
Kevin Heaney defends clients against misdemeanor charges and works to protect their rights at every stage of the case.
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