Back

Charges of Public Urination in San Diego

While the majority of people might think charges of public urination are nothing more than a nuisance, in fact, the penalties associated with public urination can be extremely serious, as can the long-term consequences. In the state of California, charges of public urination may go hand in hand with other types of disruptive behaviors, such as public inebriation. Generally, public urination is charged as a public nuisance, although there are exceptions.

Statutes Governing Public Urination

You may not urinate in a public transportation vehicle (such as a city cab or a bus) under California Penal Code, Section 640. The offense of public urination could be charged as a public nuisance, under California Penal Code, Sections 370 and 372. A person could also, under certain circumstances, be charged under California Penal Code, Section 314, indecent exposure.

Penalties Associated with Public Urination in San Diego

If you are charged with public urination in San Diego, you could be charged with an infraction, or with a misdemeanor. An infraction charge will result in a trial with only a judge—no jury—unless your attorney pleads the charges down further. A misdemeanor public urination charge can be heard either before a judge only or a jury, depending on which choice you and your attorney believe will result in the most positive outcome.

The overall consequences for public urination will depend on which state and/or municipal code the prosecutor charges you under. While jail time is possible for a conviction of public urination, it is not common, with most offenders being fined and placed on probation. Penalties for misdemeanor public urination include the following:

  • Up to one year in county jail;
  • Fines from $50-$500, and
  • Probation and community service.

If, however, you are charged under California Penal Code 314 which prohibits indecent exposure, your penalties will be much, much harsher. Under this Penal Code, the prosecutor must show your genitals were bared for the purpose of sexual gratification. If you are convicted of this offense, you could face the following penalties:

  • Up to six months in county jail (a second offense could result in time in a California state prison);
  • A maximum fine of $1,000, and
  • A lifetime duty to register as a California sex offender.

As you can imagine, the last penalty is certainly the harshest. If you are required to register as a sex offender for the remainder of your life, your life will change in ways you can only imagine. You may find it difficult or impossible to obtain employment, rent an apartment, obtain a professional license or obtain a governmental student loan, but just as bad, you will face the social stigma attached to being a registered sex offender.

Potential Defenses for Charges of Public Urination

Your defense will depend on the circumstances surrounding your offense, however your San Diego criminal defense attorney may employ one of the following defenses on your behalf:

  • You did not actually expose yourself;
  • You were not aware there was anyone in the area who would be offended by your actions;
  • You are the victim of mistaken identity;
  • You have a medical condition or disability which make it impossible for you to wait to urinate, or
  • You are elderly, and could not wait.

If you have been charged with public urination in San Diego, it is extremely important that you speak to a knowledgeable San Diego criminal defense attorney as soon as possible. The penalties for a conviction for public urination can be harsh, and, in some cases, could alter your life forever. Don’t wait, thinking your charges are not all that serious, rather take them with the seriousness they deserve.

Category:

Public Urination