Penal Code 415 is California’s disturbing the peace law. It covers three things: fighting or challenging to fight in public, loud and unreasonable noise, and offensive “fighting words” in public.
The maximum is 90 days in county jail and/or a $400 fine — and it can be charged as a misdemeanor or an infraction.
What PC 415 Covers
PC 415 reaches three kinds of conduct:
- Fighting. Unlawfully fighting in a public place, or challenging another person in a public place to fight.
- Noise. Maliciously and willfully disturbing another person by loud and unreasonable noise.
- Offensive words. Using offensive words in a public place that are inherently likely to provoke an immediate violent reaction.
Penalties
A PC 415 violation is punishable by imprisonment in county jail for not more than 90 days, a fine of not more than $400, or both. Because it is a low-level offense, PC 415 is frequently charged as — or reduced to — an infraction, which carries no jail and no criminal record of a misdemeanor.
The Narrow ‘Fighting Words’ Branch
The “offensive words” branch is narrow by design. The First Amendment protects the vast majority of speech, however rude or angry. PC 415 reaches only words that are inherently likely to provoke an immediate violent reaction — a high bar the prosecution frequently cannot meet.
Defenses
- Self-defense. On a fighting charge, a reasonable, proportional response to a threat is not unlawful fighting.
- Not malicious or not unreasonable. The noise branch requires malicious and willful conduct and noise that is objectively unreasonable in context.
- Protected speech. If the words were not true ‘fighting words,’ they are protected by the First Amendment.
- Reduction to an infraction or judicial diversion (PC 1001.95) — both keep a misdemeanor conviction off your record.
Frequently Asked Questions
What is PC 415 disturbing the peace?
Penal Code 415 covers three kinds of conduct: unlawfully fighting or challenging someone to fight in a public place; maliciously and willfully disturbing another person with loud and unreasonable noise; and using offensive words in a public place that are inherently likely to provoke an immediate violent reaction.
Is disturbing the peace a misdemeanor or an infraction?
It can be either. PC 415 carries up to 90 days in county jail and/or a $400 fine as a misdemeanor, but because it is a low-level offense it is frequently charged as, or reduced to, an infraction, which carries no jail.
Can offensive words alone be disturbing the peace?
Only in narrow circumstances. The First Amendment protects most speech, however offensive. PC 415 reaches only words that are inherently likely to provoke an immediate violent reaction — a high bar the prosecution frequently cannot meet.
Can a PC 415 charge be dismissed?
Yes. Disturbing the peace is often reduced to an infraction or resolved through judicial diversion under PC 1001.95, both of which keep a misdemeanor conviction off your record. Fighting charges can also raise self-defense, and the speech branch raises First Amendment defenses.
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Ahmed S. Hasan
San Francisco Criminal Defense Attorney · State Bar of California #364992
Ahmed S. Hasan is the founder of ASH Legal, a solo criminal defense practice based in San Francisco. The firm runs on flat-fee representation: one lawyer, one fee, from arraignment through resolution. No hourly billing. No surprise invoices.
Ahmed is a graduate of Emory University School of Law and a member in good standing of the State Bar of California (Bar #364992). His practice focuses on San Francisco misdemeanor defense — DUI, domestic violence, petty theft and shoplifting, drug possession, vandalism, trespassing, and assault and battery — with particular attention to diversion-track outcomes that end in dismissal under PC 1001.95, PC 1001.36 (Mental Health Diversion), PC 1001.80 (Military Diversion), and PC 1001.83 (Parental Caregiver Diversion).
Ahmed previously served as a post-bar clerk with the San Francisco Public Defender's Office, the city's largest indigent-defense practice. He is a member of the Asian Pacific American Bar Association of Silicon Valley.
He represents clients at the San Francisco Hall of Justice (850 Bryant Street) and the Civic Center Courthouse. The ASH Legal office is at 15 Boardman Place, Suite 301, San Francisco, CA 94103.
Free 30-minute consultations are available by phone or Zoom. (510) 545-6515 · ahmed@ashlegal.com