Public Intoxication/Drunk in Public – P.C. 647(f)
Under California Penal Code section 647(f) it is a crime to be drunk in public. But don’t be misled by this statute. You can only be found guilty under this section if the following criteria have been met:
- Defendant was under the influence of alcohol or drugs;
- Defendant was in a public place when he/she was under the influence of alcohol or drugs; AND
- Defendant was unable to exercise care or safety for him or herself or were unable to exercise for the safety of others.
Don’t let the prosecution trick you into pleading guilty
To find you guilty of this Public Intoxication, the Prosecutor has the burden of proving each of the above elements beyond a reasonable doubt. Often times many criminal defendants mistakenly take plea deals from prosecutors on these types of cases even when the prosecutor cannot prove his case. Don’t let the prosecution trick you into pleading guilty with this sort of charge. In order for the District Attorney to successfully convict you, they must show that you were so intoxicated that you could not care for your safety or the safety of others or that you were interfering with other peoples’ use of public areas.
Having this misdemeanor conviction can adversely affect you in a professional, social, and personal capacity. This sort of conviction can preclude you from gainful employment, admission into colleges and universities, and harm your reputation.
Receiving Help After a Public Intoxication Charge
If you or a loved one has been charged with this crime, it is imperative that you seek legal counsel immediately. The Law Office of Ashley Daniel is committed to providing the best criminal defense legal representation. Mr. Daniel is a former prosecutor with the Humboldt County District Attorney’s Office and knows how to navigate through all the legal loopholes to help all his clients avoid convictions.
To get help with your case, call us today to schedule a free initial consultation.