CALIFORNIA PENAL CODE SECTION 647(F) PC – PUBLIC INTOXICATION

Penal Code 647 f PC is a California law that makes it illegal to be visibly intoxicated in a public place. If someone is found drunk or under the influence of drugs in a public area and is unable to take care of themselves or others, they can be charged with “public intoxication” also known as “drunk in public”. This law also applies if someone’s intoxication causes them to block or disrupt public pathways or streets. Public intoxication is considered a misdemeanor offense in California. If convicted, a person may face up to six months in a county jail, a fine of up to $1,000, or both.

California Penal Code 647 PC: 
Except as provided in paragraph (5) of subdivision (b) and subdivision (k), every person who commits any of the following acts is guilty of disorderly conduct, a misdemeanor:

(f) Who is found in any public place under the influence of intoxicating liquor, any drug, controlled substance, toluene, or any combination of any intoxicating liquor, drug, controlled substance, or toluene, in a condition that they are unable to exercise care for their own safety or the safety of others, or by reason of being under the influence of intoxicating liquor, any drug, controlled substance, toluene, or any combination of any intoxicating liquor, drug, or toluene, interferes with or obstructs or prevents the free use of any street, sidewalk, or other public way.

Source: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=647.&lawCode=PEN

PENAL CODE 647 F PC ELEMENTS

In order to convict you of public intoxication under Section CPC §647(f), the prosecution is required to prove the following elements beyond a reasonable doubt:

• Willfully and under the influence: It must be established that you were under the willful influence of a controlled substance.
• In a public place: You must have been located in a public area, which is defined by law.
• Unable to exercise care or interferance with public way: The prosecution must prove that you either were unable to exercise reasonable care for your own safety or the safety of others, or that you interfered with the free usage of a street, sidewalk, or any other public way.

EXAMPLE OF PC 647 F

John is walking down the street late at night and notices a group of individuals causing a disturbance in front of a restaurant. They are yelling loudly, using offensive language, and intimidating other pedestrians. Concerned for his safety, John decides to notify the police about the situation.

When the police arrive, they assess the situation and determine that the individuals disrupting the peace are so intoxicated that they are unable to care for their own safety or the safety of others. The police officer arrests the individuals under California Penal Code Section 647(f) for public intoxication.

PENALTIES, PUNISHMENT, AND SENTENCING

Is PC 647(f) a misdemeanor or felony? A violation of PC 647(f) is typically classified as a misdemeanor under California law. If convicted, the potential penalties include up to six months of imprisonment in the county jail and/or a maximum fine of $1,000.

Alternatively, instead of jail time, a judge may grant misdemeanor probation or allow the offender to fulfill their punishment by serving community service in place of paying a fine.

The Los Angeles County District Attorney’s office generally does not prioritize the prosecution of cases involving PC 647(f).

HOW CAN I FIGHT PUBLIC INTOXICATION CHARGES?

If you are accused of a crime under this law, your criminal defense attorney can challenge the accusation by presenting a legal defense. A strong defense can often lead to a California public intoxication charge being lowered or even dismissed altogether. Three common defenses to fighting public intoxication charges are demonstrating that:

• You were not in a public place: You can only be charged under this law if you were publicly intoxicated. Additionally, being in public has a specific definition under this law and has been interpreted by the courts with certain criteria. Therefore, it is always a legal defense for you to argue that while you were intoxicated, you were not in a place where strangers or the general public had access (for example, if you were drunk in your own home, the police would not have a valid reason to make an arrest).

• You were intoxicated against your will: It’s important to remember that to be guilty under this law, you must have been intentionally under the influence. If you became intoxicated accidentally by taking a drug or alcohol, or if you were made to consume it against your will, then you are not guilty of breaking PC 647(f).

In simple terms, you are considered involuntarily intoxicated if either of the following happened: you unknowingly consumed alcohol, drugs, or another intoxicating substance, or if someone forced or deceived you into consuming such a substance.

• That there was no interference or obstruction: You could be found guilty under this law if, while drunk, you disrupted or blocked the free use of a public street or sidewalk. To defend against this, you can demonstrate that even though you were intoxicated, you did not disturb any public pathways. For instance, if you were drunk behind a dumpster in an alley, the police may not have a valid reason to arrest you as you did not interfere with a public area.

IMMIGRATION CONSEQUENCES

According to United States immigration law, certain criminal convictions in California can result in deportation for non-citizens. Some convictions can also make an immigrant ineligible for admission into the country. The main categories of crimes that can lead to deportation or inadmissibility include crimes involving moral misconduct, aggravated felonies, drug-related offenses, firearm offenses, and domestic violence crimes. If you violated this law because you were under the influence of drugs or controlled substances, there is a possibility of facing deportation or being deemed inadmissible. It is worth noting that for these consequences to apply, the circumstances of the case would likely have to indicate a significant violation of the law.

OTHER CONSEQUENCES OF A CONVICTION

It could lead to losing your job, being overlooked for other employment opportunities, having trouble renting a place to live, being denied admission to colleges or universities, being unable to obtain a professional license, and missing out on scholarship opportunities.

Additionally, being convicted of public intoxication carries a social stigma that may lead people to assume you have an alcohol problem or are irresponsible. If you are charged with being intoxicated in public, it is recommended to contest the charge and try to have the matter expunged as soon as possible.

Public intoxication conviction does not affect your right to own a firearm. However, certain felony and misdemeanor convictions in California can result in the loss of your gun ownership rights, and some misdemeanors carry a 10-year firearm ban. But being convicted of violating PC 647(f) will not result in losing your right to own a gun or being banned from owning one for a period of time.

CAN A DEFENDANT GET A CONVICTION EXPUNGED?

If you are convicted of a crime under this law, you can seek to have the offense removed from your criminal record. According to Penal Code 1203.4, getting an expungement can relieve you from most of the penalties and consequences of the conviction. An important benefit is that an expunged conviction does not have to be disclosed to potential employers.

In simple terms, you may qualify for an expungement if you have finished probation, whether it was for a felony or misdemeanor, and if you are not currently facing new charges, serving probation, or serving a sentence for another crime. This means that once you have completed probation or a jail sentence, you can start the process of getting the crime expunged.

RELATED CRIMES

• Driving under the influence – VC 23152(a),(f),(g))
• Disturbing the peace – PC 415
• Loitering to solicit the purchase of alcohol – PC 303a
• Under The Influence Of A Controlled Substance – HSC §11550

WHAT TO DO IF I AM CHARGED WITH PUBLIC INTOXICATION

Being charged with Public Intoxication in California is a serious matter. It is crucial to hire a skilled criminal defense attorney right away to protect your rights and freedom.

A professional attorney can potentially negotiate a lesser charge through a plea bargain or work towards reducing your sentence. In some cases, they may even be able to dismiss the charges completely.

Cyrus Tabibnia of Tabibnia Law Firm is an experienced attorney with a deep understanding of the local courts and California’s criminal justice system. He can provide representation in various Southern California cities such as Ventura, Santa Clarita, Los Angeles, Encino, and Pasadena.

If you or someone you know has been arrested or charged with Public Intoxication, our attorney will carefully review the details of your case and develop a defense strategy to achieve the best possible outcome.

You can reach Tabibnia Law Firm at 866-713-2159 to schedule a free and confidential consultation.