Jan 18, 2021
| By Kerry Armstrong
| Read Time: 3 minutes
Arresting a person for public urination might give the impression that the police have nothing better to do. Peeing in public is a public nuisance in California. Police arrest people for public urination to maintain residents’ and business owners’ quality of life. On most occasions, a person charged under public urination in California laws faces misdemeanor penalties. However, a conviction for a misdemeanor charge of public urination potentially carries significant consequences. Therefore, you need to speak with a California Bar-certified San Diego criminal defense attorney before you try to represent yourself in court on these charges. California law recognizes certain defenses to public urination that could help you avoid significant problems for yourself down the road. Public Urination Laws in California No one particular state law in California criminalizes urinating in public. However, many cities and towns have ordinances or bylaws that prohibit public urination. Additionally, the police could use public decency laws already on California’s books to arrest and prosecute a person for public urination. California’s public decency laws include public nuisance, public intoxication, and indecent exposure. Public Nuisance Offense A person charged because of public urination may face a violation of a city ordinance or state law as a public nuisance. Under California’s Penal Code, committing a public nuisance is a misdemeanor. The maximum penalty for being a public nuisance is six months in jail, a fine of not more than $500, and probation. Violation of a city or county ordinance for public urination carries the same penalty, except that the maximum fine is often $1,000. Drunk and Disorderly Urinating in public is often an indication that the person is intoxicated. Under California’s Penal Code, a person is guilty of disorderly conduct as a result of public intoxication when: Under the influence of alcohol, drugs, or both, and the person cannot safely care for themselves while in a public place. Drunk and disorderly is a misdemeanor punishable by six months in jail and a fine of $1,000. However, California’s disorderly conduct statute allows the police to place the person in protective custody. After that, the individual might go to a detoxification facility for 72 hours. Indecent Exposure Indecent exposure is a sex crime in California. Anyone who exposes their genitalia in public when people are around who might be offended or annoyed could be found guilty of indecent exposure. The maximum penalty for indecent exposure is a six-month jail sentence, a $1,000 fine, and probation. However, a conviction for indecent exposure under California law requires the person to register as a sex offender for 10 years. Urination on Public Transportation Public urination while using public transportation is a crime. The maximum penalty for this offense is incarceration for three months and a $400 fine. Public Urination Defenses Prosecutors may decide to reduce the charges to an infraction rather than a criminal charge. An infraction does not allow for jail time or probation. Instead, the court could impose a fine ranging from $100 to $500, with community service. Additional defenses include: Medical problems, Age, Mental disability, and Mistaken identity. Other defenses may apply to your case. That is why you need to contact a seasoned California criminal defense lawyer to discuss your options. Do Not Allow One Mistake to Ruin Your Life Contact the tough, aggressive, and experienced California criminal defense lawyers with the Law Offices of Kerry L. Armstrong, APLC, by calling 619-234-2300 today. With nearly four decades of collective experience fighting to protect the rights of people accused of crimes in California, the Law Offices of Kerry L. Armstrong, APLC, can help you avoid the potentially disastrous consequences of a conviction for public urination.
Dec 22, 2020
| By Kerry Armstrong
| Read Time: 2 minutes
Kerry L. Armstrong, of The Law Offices of Kerry Armstrong, APLC, received a Martindale-Hubbell AV Preeminent Peer Rating in December 2020. The AV Preeminent Peer Rating is reserved for attorneys who demonstrate the highest ethical decision-making skills and professional aptness. According to Martindale-Hubbell, only 10% of lawyers earn this elite distinction. Attorneys in the United States and Canada peer-review their colleagues via Martindale-Hubbell. Practicing attorneys submit reference requests to other lawyers and judges, and that rating becomes part of Martindale-Hubbell’s national database. Attorneys rate their peers in five areas: legal knowledge, analytical capabilities, judgment, communication ability, and legal experience. Lawyers and consumers across the country use the rating system to refer clients or find experts on specific legal issues. To earn an AV Preeminent Peer Rating, a lawyer’s peers must consistently rate him or her highly across all review areas. The distinction is widely respected across the legal field because the ratings are submitted by other members of the state bar and judiciary. Armstrong is among 62 attorneys to earn the distinction this December. The Law Offices of Kerry Armstrong, APLC, is a criminal defense law firm based in San Diego, California. Kerry L. Armstrong, along with his associates, has been to trial more than 100 times and received not guilty verdicts for clients charged with sex crimes, assault and battery, domestic violence, and theft. Armstrong has collected many other awards and honors for his work as a criminal defense attorney. To name a few, Armstrong was: Named Attorney of the Year by “The Recorder” in 2012, Listed as a Top Attorney by “Los Angeles Magazine” in 2014, and Mentioned on the California Super Lawyers list from 2014 to 2019. Armstrong approaches his legal work with compassion; he is committed to going the extra mile to ensure the best resolution for his clients. Armstrong is not afraid to take on challenging cases because he believes that anyone charged with a crime has the right to share their side of the story.
Dec 9, 2020
| By Kerry Armstrong
| Read Time: 3 minutes
Facing criminal charges can be daunting, especially for someone never charged with a crime before. Being arrested or summoned to court merely starts the judicial process; it doesn’t mean you are guilty or a bad person. However, you must act quickly to secure representation to reduce the impact these charges may have on your life. You must take every criminal charge seriously. Otherwise, you could make a massive mistake that has permanent repercussions. Talking with an experienced criminal defense lawyer about your criminal charges is the only way to protect your future. You Need a Criminal Lawyer to Defend Your Rights Individuals have the right to represent themselves. Many people choose that route for a variety of reasons. While “going pro per” might be your choice, you should think about whether it is the best thing for you. To mount a successful defense, you must have extensive knowledge of criminal law. Just like a mechanic knows how to repair a car, a criminal lawyer knows your rights and how to protect them. Representing a person facing criminal charges is more than cross-examining a person at trial. A skilled and knowledgeable criminal defense lawyer will analyze your case to minimize your exposure to criminal penalties. A lawyer who solely practices criminal defense will develop a defense for your case based on the facts and the relevant law. The analysis might lead to plea bargaining the case to reduced charges and facing a reduced penalty. However, the best defense in other cases may be to dig in and fight. Fighting a case aggressively often involves filing motions to dismiss charges or suppress evidence. Successfully arguing these motions might lead to reduced charges or weaken the State’s case against you. Trustworthy Legal Advice People often think they know the law. Perhaps they understand the difference between murder and theft. But would someone who is not a criminal defense lawyer know whether the deal the prosecution offers you is worth taking? A guilty plea’s ramifications are extensive and go well beyond criminal penalties handed down by a judge. You need to understand all your options and the risks associated with them. For instance, a guilty plea to a reduced charge with no jail time might sound appealing to you. However, if you run the risk of facing deportation, the best choice might be to go to trial with the hope that the jury finds you not-guilty. Only an experienced criminal defense attorney can properly advise you in that situation. The choice is ultimately yours. However, you need to know what punishment the judge could give you and the other possible consequences of your options. Having an honest and in-depth discussion with your criminal defense lawyer will help you understand the benefits and risks associated with each choice you have to make. Also, they could also help you understand what to expect. Preparation Is the Key to Success If you are wondering, “Do I need a criminal lawyer?” you should consider what it takes to defend a case successfully. Even relatively minor cases require preparation. Criminal defense lawyers with decades of experience know how to prepare a case, locate witnesses, find and preserve evidence, and attack the prosecution’s witnesses. Preparation is the key ingredient in defending a criminal case successfully. A Criminal Defense Lawyer Near Me In San Diego County and throughout California, the Law Offices of Kerry L. Armstrong, APLC, represents individuals from all walks of life who face a wide variety of criminal charges ranging from misdemeanors to serious felonies. They all have one thing in common: the law presumes them innocent, just like you. Contact our office today at 619-900-6902, and find out how we can serve and support you during this difficult time.
