In California, in order for you to be convicted of this offense the prosecution must prove that 1) the person intentionally was under the influence of alcohol, drugs or both; 2) the person was in a public place; 3) the person was unable to exercise care for his or her own safety or the safety of the public; or 4) the person was under the influence that he or she interfered with, obstructed or prevented the free use of as street, sidewalk or another public way.
Simply being drunk in a public place is not an offense if either one from above is not satisfied.
In California, public intoxication is a misdemeanor. A person convicted of this offense may a maximum sentence of 6 months in county jail and/or a fine up to $1,000.
Once convicted it will be on your record and may affect your chance in getting a job. Hire The Law Office of Danny Saleh to fight these charges against you.
There are a few defenses a criminal defense attorney could attempt in order to get your charges dismissed. They are: 1) the person is not in a public place; 2) Insufficient evidence that the person was intoxicated; 3) The police violated the person’s civil rights; 4) the person did not intentionally ingest alcohol.
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