Legal Question in Criminal Law in California

Is there a law that a 20yr old can be charged for when he has drank some alcohol at a home party and did not drive? Or if he and another male friend got into a scuffle in the street as he was trying to get him to go home because he (the friend) had been asked to leave by the person whom lived in the home?


Asked on 1/28/10, 2:35 pm

1 Answer from Attorneys
Robert Marshall Law Office of Robert L, Marshall

Depends on the facts. The "scuffle" could be anything from Penal Code 415(1), fighting in a public place, to a misdemeanor assault, to a felony.

Business & Professions Code 26552 makes it illegal for a minor to possess alcohol in a public place. I've seen this charge filed when minors have been drinking, but it shouldn't be. If our hypothetical 20 year old was too drunk to exercise care for himself or others, he could be charged with a violation of Penal Code 647(f), public drunkenness. Some cities and counties also have local ordinances making it illegal for a minor to be in a public place with any alcohol in his or her blood.

Please understand that this is a general discussion of legal principles by a California lawyer and does not create an attorney/client relationship. It's impossible to give detailed, accurate advice based on a few sentences on a website (and you shouldn't provide too much specific information about your legal matter on a public forum like this site, anyway). You should always seek advice from an attorney licensed in your jurisdiction who can give you an informed opinion after reviewing all of the relevant information.

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Answered on 2/04/10, 6:00 pm


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