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(PC) Penal Code 647(f) – Public Intoxication

Posted by Sara Cooper | Aug 23, 2023 | 0 Comments

Penal Code 647(f) makes public intoxication or being drunk in public illegal. It is a misdemeanor offense that carries penalties and requires legal representation. Your life can be turned upside down by walking home instead of driving. You can go to jail and pay steep fines if convicted, and you should do your best to avoid these charges and build a defense. 

What is Public Intoxication?

Violations of public intoxication include a person being under the influence of drugs or alcohol and is present in a public location, regardless if other individuals are there. The intoxication also reaches to a point where the person is not in the capacity to be aware of their safety and/or is endangering others. The person can act aggressive or not able to respond to another person completely. This is what would constitute as public intoxication and can be charged against the person.

Penalties of Public Intoxication

If you are convicted of a misdemeanor, public intoxication can place you a fine for up to $1,000 and six months in jail. This will depend on the variety of your charges and defenses. You can also be sentenced to probation by the judge in alternative to prison time. The alternative to paying a fine can also be community service.

Expungement of Public Intoxication Conviction

Having a criminal record comes with many complications, but with a public intoxication conviction, there is the possibility of getting the offense expunged. With success, it absolves you of all penalties and limitations that derive from the conviction. With an expungement, the conviction does not need to be disclosed to an employer or be the reason why there is no effort in application of any opportunities that are positively life-changing. To be eligible, you must complete your probation sentence.

You can either complete felony probation or misdemeanor probation, and you cannot be serving a sentence, changed with, or be on probation for a criminal offense. You must complete any penalties that are not probation as well in order to request an expungement. It is a tedious, intense process that will require you to seek out a criminal defense lawyer. You can contact us at Martens Law Firm for expungement services.

Public Intoxication and Immigration

Unfortunately, public intoxication can negatively impact your immigration status. Individuals who do not hold citizenship in the United States who are charged with public intoxication can face deportation.

These are the crimes that can lead to deportation or inadmissibility:

  • Aggravated felonies
  • Crimes of moral turpitude
  • Firearm offenses
  • Drug offenses 
  • Domestic violence crime 

The state must prove what you are criminally charged with must be severe enough to qualify your position as one for deportation. Multiple offenses that include public intoxication or an extensive criminal record can cause actions such as deportation.

Gun Rights and Public Intoxication

A conviction for public intoxication does not affect your gun rights. Although, some convictions for both misdemeanor and felony can strip away your access to owning a gun in California, and some misdemeanors carry a 10-year ban.

Get Help from Martens Law Firm

Any crime involving drugs or alcohol in the state of California can be a long road of recovery both legally and emotionally. Consult with our criminal defense firm on the best possible outcomes for you in lowering your charges, including public intoxication. Call us at (661) 466-2142 to start your services today.

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