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The California Plea Bargain Catchall ? ?Disturbing the Peace?

By Neil Shous, Esq.

While California Penal Code 415 ?disturbing the peace? is a crime unto itself, it is much more frequently used as a California plea bargaining tool. There are a variety of crimes, such as prostitution, lewd conduct in public, and indecent exposure that carry severe social stigmas and, sometimes worse?a lifetime duty to register as a California sex offender. Skilled California criminal defense attorneys know how to expose the weaknesses in the prosecution?s case early on to convince prosecutors to reduce these more serious offenses to Penal Code 415 ?disturbing the peace?. ?Disturbing the peace? is a ?wobbler?, which means that prosecutors have the discretion to charge the offense as either a misdemeanor or an infraction. Either way, employers, family members, and anyone else who learns that you were convicted of ?disturbing the peace? is much less likely to subject you to the harsh treatment that a California sex crime would surely invite...continue to full post

Full post as published by California Criminal Defense Blog on January 14, 2010 (boomark / email).