California Penal Code §415 — Disturbing the Peace
PC §415 punishes three types of conduct: (1) unlawfully fighting in a public place or challenging another to fight in a public place, (2) willfully and maliciously disturbing another person by loud and unreasonable noise, and (3) using offensive words in a public place that are inherently likely to provoke an immediate violent reaction (Chaplinsky 'fighting words' only). Straight misdemeanor with 90 days jail max and $400 fine; commonly filed as infraction. §415 is a highly negotiable charge — routinely reduced to infraction, dismissed with civil compromise, or dropped entirely.
Reviewed by Daniel S. Rubin, CA Bar 302093 · Los Angeles Criminal Defense Attorney · Disturbing the Peace Cases in All LA County Courts
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01 — Quick Facts
PC §415 — Disturbing the Peace at a Glance
| Fact | Detail |
|---|---|
| Full Name | California Penal Code §415 — Disturbing the Peace |
| Code Type | Penal Code (PC) |
| Classification | Misdemeanor |
| Max Penalty | 90 days county jail |
| Fine | Up to $400 |
| Infraction Option | Common on first-offense filings |
| Diversion | PC §1001.95 available for many defendants |
| Free Consultation | (213) 723-2337 — 24/7 |
01 — What Is PC §415?
What Is California Penal Code §415?
PC §415 Reads:
"Any of the following persons shall be punished by imprisonment in the county jail for a period of not more than 90 days, a fine of not more than $400, or both such imprisonment and fine: (1) Any person who unlawfully fights in a public place or challenges another person in a public place to fight. (2) Any person who maliciously and willfully disturbs another person by loud and unreasonable noise. (3) Any person who uses offensive words in a public place which are inherently likely to provoke an immediate violent reaction."
— California Penal Code §415
PC §415 is California's general disturbing-the-peace statute — the catch-all filed when officers want a low-level charge to resolve street-level conflict. The three subsections are legally distinct: subsection (1) requires actual public fighting or a public challenge; subsection (2) requires willful and malicious loud noise; subsection (3) is limited to Chaplinsky 'fighting words' and cannot punish otherwise-protected offensive speech. §415 is highly negotiable — infraction reduction, civil compromise (PC §1377), and PC §1001.95 diversion are all common outcomes.
PC §415 Subsections Explained
§415(1) = public fighting or challenge to fight. §415(2) = loud and unreasonable noise. §415(3) = 'fighting words' (extremely narrow after Cohen v. California). §415.5 (separate statute) = disturbing peace on school grounds. Most §415 filings are (1) — post-bar street fights and domestic disputes on public streets.
PC §415 — Adult Public
Public fighting, loud noise, or fighting words. 90 days jail max.
PC §415.5 — School Grounds
Same conduct on school grounds — up to 1 year jail. Higher exposure.
Why §415 Charges Look Small But Have Real Collateral Consequences
Standing alone §415 is minor — but a conviction can still trigger domestic-violence-related consequences (when the incident involves an intimate partner), immigration analysis, and stay-away orders. For non-citizens, §415 is often used as a plea target from higher charges precisely because it is generally non-CIMT. Rubin Law, P.C. reduces §415 filings to infractions, secures civil compromise dismissals under PC §1377, and negotiates immigration-safe dispositions.
Official Sources
02 — Elements of the Crime
Elements the Prosecution Must Prove Under PC §415
Each subsection of PC §415 has distinct elements. The most-charged is §415(1) — public fighting.
Unlawfully Fighting or Challenging in a Public Place
Defendant unlawfully fought or challenged another to fight in a public place. Self-defense and mutual-combat consent are complete defenses.
Willful and Malicious Loud Noise
For §415(2) — noise was willful, malicious, and objectively unreasonable measured against the location, time, and community standards.
Fighting Words in a Public Place
For §415(3) — words were 'inherently likely to provoke an immediate violent reaction' from the addressee (very narrow Chaplinsky category).
03 — Degrees
PC §415 — Tiers & Degrees
PC §415 is a wobblette — the same conduct can be charged as an infraction or misdemeanor at the prosecutor's discretion.
§415 — Infraction
Frequent first-offense filing — $100 fine, no jail, no probation.
§415 — Misdemeanor
Standard misdemeanor with 90 days jail max and $400 fine.
§415.5 — School Grounds
Enhanced exposure on public school property.
04 — Penalties
Penalties for PC §415 Disturbing the Peace in California
PC §415 exposure and commonly stacked charges.
| Charge | Code | Prison Term | Probation | Strike |
|---|---|---|---|---|
| §415(1) — Fighting | PC §415(1) | Up to 90 days jail | Available | No |
| §415(2) — Loud Noise | PC §415(2) | Up to 90 days jail | Available | No |
| §415(3) — Fighting Words | PC §415(3) | Up to 90 days jail | Available | No |
| §415.5 — School Grounds | PC §415.5 | Up to 1 year jail | Available | No |
Aggravating Companion Charges
Battery
PC §242
When any physical contact occurs during the disturbance — stacked misdemeanor.
Assault
PC §240
Attempted battery — stacked misdemeanor.
Domestic Battery
PC §243(e)(1)
When fight involves intimate partner — DV protective order and 52-week batterer's program.
Resisting Arrest
PC §148(a)(1)
Common companion when officers intervene.
Public Intoxication
PC §647(f)
When alcohol involvement alleged.
Collateral Consequences
- Stay-away order from the location and complainant
- Domestic-violence firearms bar if incident involves intimate partner (§29805)
- Immigration crime-of-moral-turpitude analysis (generally non-CIMT alone)
- Employment and licensing background-check disclosures
- Landlord/tenant consequences — noise-based §415 supports eviction
- Impact on probation or parole status for other cases
Sentencing References
05 — Defense Strategies
How Rubin Law Defends PC §415 Disturbing the Peace Charges
Rubin Law, P.C. defends §415 cases with self-defense, mutual-combat consent, First Amendment, and civil-compromise strategies.
Self-Defense / Defense of Others
Fighting to protect self or others is not 'unlawful fighting.' Complete defense to §415(1).
CALCRIM 3470
Mutual Combat Consent
Consensual mutual fighting between adults in an appropriate setting may fall outside 'unlawful' fighting depending on facts.
People v. Lucky
Not a Public Place
Private property, private residence, and private clubs are generally not 'public places' under §415(1).
Bomar v. Sup. Ct.
First Amendment / Not Fighting Words
Speech was profane, insulting, or offensive but not the narrow Chaplinsky category of face-to-face words directed at a specific person likely to provoke immediate violence.
Cohen v. California
Not Willful or Malicious
For §415(2), noise was reasonable, unintentional, or protected (protest, music at reasonable hours).
PC §415(2)
Civil Compromise
When the disturbance involves a specific complainant, PC §1377 civil compromise dismisses the case if complainant acknowledges satisfaction.
PC §1377
Constitutional Sources
07 — Court Process
How PC §415 Disturbing the Peace Cases Move Through Los Angeles Courts
How a PC §415 disturbing-the-peace case moves through LA County courts.
- 1
Step 1 — Cite or Arrest
Officers typically issue a citation or make a low-level arrest; booking and release generally same-day.
- 2
Step 2 — Filing Decision
City Attorney reviews for §415 infraction, misdemeanor, or companion charges.
- 3
Step 3 — Arraignment
Charges read; §1001.95 diversion or civil compromise screening applied.
- 4
Step 4 — Civil Compromise / Diversion
PC §1377 civil compromise (with complainant satisfaction) or PC §1001.95 diversion often available.
- 5
Step 5 — Pretrial / Motions
Rare for §415 — most cases resolve at arraignment via diversion or plea to infraction.
- 6
Step 6 — Trial or Negotiated Disposition
Common outcomes: infraction reduction, PC §1001.95 diversion dismissal, or civil-compromise dismissal.
Los Angeles Courts That Handle PC §415 Disturbing the Peace Cases
LA-area courts most commonly handling PC §415 filings.
Reviewed by Your Attorney
Daniel S. Rubin — Los Angeles Disturbing the Peace Defense Attorney
Daniel S. Rubin has defended clients charged with disturbing the peace and related offenses in Los Angeles County courts — including Clara Shortridge Foltz, Van Nuys, Compton, and Pomona. He understands that these cases are won in the details: the suppression hearing that eliminates key evidence, the preliminary hearing cross-examination that exposes a weak witness, the penalty phase argument that keeps a client out of the worst outcome.
This page was written and reviewed by Daniel A. Rubin, Los Angeles criminal defense attorney, CA State Bar 302093, with 10+ years of experience defending clients charged under PC §415 in Los Angeles County. Last reviewed: July 2026.
CA Bar 302093 | Whittier Law School | Rising Star — Super Lawyers 2019–2023 | Disturbing the Peace Cases Throughout LA County
09 — FAQs
PC §415 Disturbing the Peace Questions — Los Angeles
What is PC §415?
California's disturbing-the-peace statute. Punishes public fighting, loud unreasonable noise, or 'fighting words' in a public place. Misdemeanor with 90 days jail max — frequently charged as infraction.
Can PC §415 be charged as an infraction?
Yes. Prosecutors frequently file §415 as an infraction with no jail exposure and only a $100 fine. First-offense negotiations regularly result in infraction reduction.
Is self-defense a defense to §415?
Yes. Self-defense and defense of others are complete defenses to §415(1) fighting counts. CALCRIM 3470 controls.
Are offensive words illegal?
Generally no. §415(3) reaches only the narrow Chaplinsky category of face-to-face 'fighting words' directed at a specific person and likely to provoke immediate violence. Profanity, insults, and political speech are protected.
Can I get diversion?
Often yes. PC §1001.95 misdemeanor diversion is available for most §415 filings and results in dismissal upon completion of court-ordered conditions.
What is civil compromise?
PC §1377 allows dismissal of misdemeanors involving a specific complainant if the complainant acknowledges satisfaction (typically restitution and apology). Frequently used for §415 disputes.
Is PC §415 a domestic-violence conviction?
§415 itself is not a DV conviction. But when the incident involves an intimate partner, prosecutors often use §415 as a plea target from §273.5 or §243(e)(1) specifically because it avoids DV firearms and immigration consequences.
Will PC §415 affect my immigration status?
Generally §415 is deemed non-CIMT (crime of moral turpitude), making it a common plea target for non-citizens facing more serious charges. Coordinate with immigration counsel on any conviction.
Available 24/7 — Free Consultation
Charged With PC §415 Disturbing the Peace in Los Angeles?
§415 is highly negotiable — infraction reduction, diversion, and civil compromise dismissal are all common outcomes. Rubin Law, P.C. resolves §415 cases with no jail and often no conviction. Call now for a free consultation.