In California, public intoxication under Penal Code 647(f) PC is typically associated with public places. But did you know you can also face a “drunk in public” charge while on private property? If you’re in a location considered “open to the public,” you could be subject to this charge.
A Los Angeles criminal defense attorney can help you understand the specifics and explore potential defenses if you’re facing this situation. Reach out to Chambers Law Firm at 714-760-4088 for a free legal consultation.
What Is Considered “Public” for a Drunk in Public Charge?
Under Penal Code 647(f), a “public place” is defined as any location open to public access, not just strictly public spaces like streets or parks. In California, “drunk in public” charges may apply in various settings that many would consider private property but are accessible to the general public.
Private Property “Open to the Public”
California law considers private properties such as restaurants, bars, concert venues, shopping malls, and theaters as public if they are “open to the public.” This definition means that if you’re severely intoxicated in these settings and unable to care for yourself or others—or if your intoxicated state disrupts public peace—you may be arrested for public intoxication.
Examples of private property “open to the public” include:
- Bars and restaurants
- Shopping centers and stores
- Concert venues and theaters
- Public parking lots attached to these venues
Essentially, if the public is permitted to enter, even though it’s technically private property, you are subject to the same laws as if you were on a public street or sidewalk.
Can You Be Arrested for Drunk in Public on Private Property Not Open to the Public?
In some cases, you can face public intoxication charges even on private property that isn’t traditionally open to the public. According to Penal Code 647(f), places like the lobbies, doorways, or yards of private residences or apartment buildings are also included under “public place” definitions for intoxication purposes. This means you could be charged with public intoxication if you are:
- In an apartment building lobby or hallway
- Outside a friend’s house in the front yard
- In a parking area that is part of a private property but accessible from a public area
This broad interpretation allows law enforcement to apply public intoxication laws in areas connected to private property, potentially making some residential or private spaces subject to the same scrutiny as fully public places.
Penalties for Public Intoxication in California
A “drunk in public” charge in California is considered a misdemeanor offense, carrying penalties that may include:
- Up to six months in county jail
- A fine of up to $1,000
- Probation in place of or in addition to jail time
Public intoxication charges are typically not eligible for diversion programs, making it essential to consult a knowledgeable Los Angeles criminal defense attorney to help mitigate these penalties.
Defenses Against Public Intoxication Charges on Private Property
Facing a public intoxication charge can be overwhelming, especially if it occurred on private property. An experienced Los Angeles criminal defense attorney can evaluate your case and explore various defenses, which may include:
- Not in a Public Place: If you were on private property that is not “open to the public” in a traditional sense, such as within a fully private home or restricted space, this may be grounds for dismissing the charge.
- No Intent to Disrupt: For a conviction, the prosecutor must prove that you were not only intoxicated but also unable to care for yourself or others or that you disrupted public peace. Demonstrating that you were not a danger to yourself or others can sometimes lead to a dismissal.
- Medical Condition: In some cases, symptoms of intoxication may be mistaken for symptoms of a medical condition. Evidence of a medical condition could negate the claim of public intoxication.
Working with a skilled criminal defense attorney can improve your chances of achieving a positive outcome, whether through case dismissal, reduced charges, or alternative sentencing options.
Contact a Los Angeles Criminal Defense Attorney Today
Public intoxication charges on private property can lead to unexpected and serious consequences. If you’re facing a “drunk in public” charge, consult with an experienced Los Angeles criminal defense attorney who can assess the details of your case, advocate for your rights, and guide you through each step of the legal process. Don’t navigate this challenging situation alone—contact Chambers Law Firm at 714-760-4088 today to schedule a consultation and protect your rights.
