Legal Question in Criminal Law in California

my wife is being charged with 415(1) /pc /m of the penal code what does it mean ?

Asked on 9/26/09, 4:42 pm

2 Answers from Attorneys

Robert Marshall Law Office of Robert L, Marshall
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California Penal Code 415, subsection (1), prohibits fighting in public. It can be charged as a misdemeanor, with a maximum punishment of a $400 fine and 90 days in jail, or an infraction, which can be punished by a fine only.

The "m" probably means she was cited as a misdemeanor. The case might be negotiated down to an infraction when it makes it to court.

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Answered on 9/26/09, 6:59 pm
Brian Dinday Law Offices of Brian R. Dinday
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I concur with Mr. Marshall. However, I am much against pleas to any criminal offense, unless it becomes clear that there is no way to avoid any conviction. That is far from clear at this point. Even an arrest record, (let alone a conviction of a misdemeanor) can have serious consequences to a person's future, including jobs, professional licensing, credit, loans, security clearances and educational opportunities.

I have offices in Marin and in San Francisco, not far from the criminal courts on Bryant St., if that is where the case is. If you want to discuss the case in a free consultation, you can give me a call. Meanwhile, for further information on criminal prosecution, you can see these articles on my web site, if you wish.

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Answered on 9/26/09, 8:25 pm

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