Under California Penal Code section 647(f), it is illegal to be drunk in public. This means that if you are under the influence of alcohol or drugs to the point where you are unable to care for your own safety or the safety of others, or where you are obstructing the use of public property, you can be charged with a crime.
In order to be convicted of public intoxication, the prosecution must prove that you were drunk or under the influence of drugs in a public place, and that your intoxication was disrupting the use of public property or was a danger to yourself or others. This means that if you were on private property or were not disrupting the use of public property, you may have a defense to the charge.
There are several potential defenses to a charge of public intoxication. One defense is that you were not in a public place. If you were on private property, you might be able to argue that you were not in a public place and are therefore not subject to the public intoxication law.
Another defense is that you were not disrupting the use of public property. If you were simply drunk or under the influence of drugs and were not causing a disturbance or blocking the use of public property, you might be able to argue that you were not in violation of the law.
A third defense is that you were not a danger to yourself or others. If you were intoxicated but were able to care for your own safety and the safety of others, you might be able to argue that you were not in violation of the public intoxication law.
If you are convicted of public intoxication, the potential penalties depend on the circumstances of your case and your criminal history. In general, public intoxication is a misdemeanor offense punishable by up to six months in county jail and a fine of up to $1,000.
It is important to note that being convicted of public intoxication can have far-reaching consequences. In addition to criminal penalties, a conviction for public intoxication can damage your reputation and career, and may make it difficult for you to find employment or housing in the future.
If you have been charged with public intoxication, it is important to speak with an experienced criminal defense attorney as soon as possible. An attorney can help you understand the charges against you and advise you of your rights and options. An attorney can also help you build a strong defense and negotiate a favorable plea bargain, if appropriate. In some cases, it may be possible to have the charges against you dismissed or reduced, or to obtain a not guilty verdict at trial.