Summary
In California, disorderly conduct (drunk) and battery are misdemeanors. Disorderly conduct under Penal Code 647(f) can lead to up to 6 months in jail and/or a $1,000 fine. Battery under Penal Code 242 can result in up to 6 months in jail and/or a $2,000 fine. When charged with a misdemeanor, youll typically go through several legal stages including arraignment, pretrial conferences, and potentially a trial. An attorney cant directly drop your charges but can negotiate with the prosecutor to potentially have them dropped, reduced, or substituted with lesser charges. You can request your criminal record history from the California Department of Justice. The police generally need a warrant to enter a home unless theres consent or an emergency. The cost for a criminal defense attorney can vary greatly, typically between $1,500 - $5,000 for a misdemeanor case. Public defenders are often overloaded with cases, while private attorneys typically have more resources and time to focus on your case.Full Conversation
I been charged with disorderly conduct drunk, and battery.
I understand your situation. Could you please tell me which jurisdiction or state you're in so I can provide more accurate information?
California
In California, disorderly conduct(drunk) and battery are both misdemeanors.
- The former, under Penal Code *(f), can lead to up to 6 months in jail and/or a $*,* fine.
- Battery, under Penal Code *, can result in up to 6 months in jail and/or a $*,* fine.
You should seek legal advice.
How does that work
When charged with a misdemeanor in California, you'll typically go through several legal stages including arraignment, pretrial conferences, and potentially a trial. You should hire a lawyer to guide you through this process. They can help negotiate a plea deal or represent you in court.
What are the chances an attorney can drop my cases
An attorney can't directly drop your charges, but they can negotiate with the prosecutor to potentially have them dropped, reduced, or substituted with lesser charges. This depends on factors like your past criminal history, the nature of the crime, and the evidence against you.
How can I find my criminal history
In California, you can request your criminal record history from the California Department of Justice. Here's how:
*. Submit a Live Scan form requesting a record review.
*. Pay the $* processing fee.
*. Get fingerprinted at a Live Scan site.
The DOJ will then mail you your criminal record history.
Can I be charged for disorderly conduct from a private place after arrested
In California, you can indeed be charged with disorderly conduct even if the conduct occurred in a private place. The key factor is if the behavior disturbed others or threatened public safety. However, specifics can vary, so it's best to consult with your attorney.
How much questions can I ask you
You can ask as many questions as you need to. I'm here to provide you with legal information to help you understand your situation better.
If the police was called from a roommate, do they have the right to come in if I say no
In California, generally, the police need a warrant to enter a home unless there's consent or an exigent (emergency) circumstance. However, if your roommate who also lives there gives them permission, they might be able to enter the shared spaces, but not your private ones. Please consult with a lawyer for precise advice.
Is a hallway of my home considered public space?
In general, a hallway in your home is considered a private space, not a public one. However, in shared living situations, like apartments or dormitories, hallways can sometimes be considered semi-public. Laws might vary, so it's best to consult with a local attorney for specifics.
I rent this home is it considered private?
Yes, if you're renting a home, it is typically considered your private space, including the hallways within that home. However, any shared spaces in multi-unit buildings may be considered semi-public. Remember to consult with a local attorney for specifics pertaining to your situation.
What is the average Total cost for a lawyer for these kind of cases?
The cost for a criminal defense attorney can vary greatly depending on the nature of the charges and the complexity of your case. On average, you could expect to pay between $*,* - $*,* for a misdemeanor case in California. It is recommended to consult with several lawyers about their fees.
How will my case differ if I get a public def instead of my own attorney
Opting for a public defender or hiring your own attorney can have differences:
*. Public defenders are often overloaded with cases, which might limit their ability to dedicate time to your case.
*. Private attorneys typically have more resources and time to focus on your case.
*. A private attorney might have more specialized knowledge in your specific charge.
However, both are capable of providing competent representation.
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