Alcohol-Fueled Charges

Most people thing of drunk driving when they think of a crime that involves alcohol. The truth is there are many crimes that tend to be alcohol-fueled and can result in an arrest with serious charges. The U.S. Department of Justice estimates that the majority of criminal offenders were under the influence of alcohol when they committed their crimes.

California Penal Code 647 covers many of the types of public conduct that result from drinking too much alcohol. Alcohol-driven charges may involve only the inebriated person or may also involve a victim. For example, inhibitions are lowered by alcohol consumption and that may lead to behavior in public that wouldn’t otherwise occur and is actually illegal.

There are two types of lewd conduct offenses that either involve engaging in the behavior or soliciting someone else to engage in that type of behavior (prostitution). If a woman lifts her shirt to expose her breasts in a public place, that could be considered lewd conduct if the prosecutor can prove that the behavior was done with the intent to arouse or offend another person in that public place. It must also be proven that the woman knew, or should have known, that someone in the public place might be offended.

Soliciting lewd conduct often occurs in places such as a public park or parked car. Sometimes there are police sting operations to apprehend people specifically for this crime. In order for the prosecutor to prove a crime of soliciting lewd conduct occurred, they must prove that the person charged requested that another person, who is in a public place, engage in lewd conduct. The prosecution must also prove that the person charged was looking to sexually gratify themselves or someone else, and that a third person who is present might have been offended by the conduct.

People under the influence of alcohol may find themselves accused of “disturbing the peace,” which encompasses a range of behaviors, including:

• Fighting in public
• Causing loud and unreasonable noise that disturbs others
• Use of offensive words designed to provoke a violent reaction

Disturbing the peace is one of those crimes that is considered a “wobbler” in California, meaning that the prosecutor can bring charges as either a misdemeanor or a felony. The good news is that these charges are difficult to prove and have a variety of successful defense strategies available.

If you have been charged with lewd conduct or any other alcohol-driven crime in California, seek the services of an experienced DUI and Criminal Defense Attorney who has knowledge about these types of cases. The attorneys at Hoffman & Associates have more than 30 years of daily courtroom experience and a successful track record of defense. We understand how serious these charges are, the impact a conviction can have on your life, and how best to fight for your rights.

Hoffman & Associates offers a phone or office consultation. Speak with a skilled DUI and Criminal Defense Attorney who can explain your options and who will work to protect you good name and reputation in the community. Call us today, at 323-655-3900 and let us help you with a solid defense against the charges you face.