Penalties for Assault While Publicly Intoxicated in Los Angeles (Penal Code Section 240)

You go out with a group of friends to a bar in Downtown Los Angeles. Everyone is having too much fun to realize you’ve had too many drinks. Then, you clumsily run into another person. Angry and unable to think properly, you throw a beer bottle at that person. At that point, you can be arrested and face the harsh penalties for assault while publicly intoxicated in Los Angeles.

If you are arrested for assault while publicly intoxicated in Los Angeles, the punishment may be severe.

Assault While Publicly Intoxicated in Los Angeles Can Lead to Various Criminal Charges

If you are arrested for assault while publicly intoxicated in Los Angeles, there are a number of different criminal charges you could face. For instance, you could face prosecution for public intoxication – or being “drunk in public” – under California Penal Code Section 647(f). The required elements of a violation of PC 647(f) are:

• You were willfully under the influence of alcohol, drugs or a controlled substance; and
• You were in a public place at the time; and
• Unable to exercise care for your or someone else’s safety, or
• Interfering with, obstructing, or preventing access to free use of a street, sidewalk, or other public path (e.g., being passed out on a public bench).

It isn't enough that you were simply intoxicated and in public. The additional elements of safety concerns and/or obstruction to public access must be proved beyond a reasonable doubt in order for you to be convicted of being drunk in public. Throwing a beer bottle would meet the safety concerns required under PC 647(f).

Consequences of Assault While Publicly Intoxicated in Los Angeles

You can be charged with separate offenses for being drunk or high in public and assaulting someone. If you are convicted of a misdemeanor violation for either of these crimes, penalties include:

• Up to three years of informal probation; and
• Up to six months in jail; and
• Up to a $1,000 fine.

If you have prior convictions for being drunk in public, you will be required to serve a mandatory minimum jail sentence of 45 days for a second conviction and 90 days for every conviction thereafter.

A conviction for assault (PC 240) may also require that you complete a batterer's or anger management program and/or perform community service.

Additionally, a misdemeanor conviction carries up to one year in jail if you assault a protected person, which includes elderly people, peace officers and public service employees.
Moreover, you can be charged with a felony violation of assault under PC 245 if aggravating circumstances were involved, including but not limited to:

• Use of a dangerous or deadly weapon, and/or
• Infliction of serious bodily injury.

In this example, you can be charged with a felony because the beer bottle you threw can be considered a dangerous or deadly weapon. Additionally, the beer bottle can cause serious injury if it hits someone.

A felony conviction can lead to much more severe consequences such as:

• Two, three or four years in prison;
• A fine of up to $10,000;
• A “strike” on your record;
• Loss of your right to own or possess a gun or ammunition; and
• Deportation, if you are not a U.S. citizen

As with any offense, prior convictions, prior served prison terms and strikes on your record can significantly enhance your punishment.

Call the Los Angeles Criminal Defense Attorneys at Wallin & Klarich

If you or someone you love has been charged with assault while publicly intoxicated in Los Angeles, you should contact an experienced criminal defense attorney at Wallin & Klarich today. At Wallin & Klarich, our attorneys have over 40 years of experience successfully defending clients facing charges of assault and alcohol-related crimes.

We may be able to get the charges against you reduced or dismissed, relieving you of some or all of the many consequences of a conviction. Our priority is to get you the best possible result in your case.

With offices in Los Angeles, Sherman Oaks, Torrance, Tustin, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, our attorneys at Wallin & Klarich are available 24 hours a day, 7 days a week to make certain you receive the very best legal representation.
Call us today at (877) 4-NO-JAIL (877-466-5245) for a free telephone consultation. We will get through this together.