California Penal Code Sections 330 & 337 PC
Illegal Gambling & Gaming crimes are found at California Penal Code Sections 330-337. There is a wide variety of crimes that may be considered illegal gambling or gaming, including permitting a poker game for money in your home, engaging in a home card game (or game of chance) for money, illegal lotteries, bookmaking, illegal fund raising with games of chance, doping horses used for legal racing, bribing players or judges in sporting events, and even accepting a wager can all be considered illegal gambling or gaming under PC 330-337.
Permits the most popular gambling or gaming charge is found at PC 337a, Pool selling, bookmaking, or wagering. In order for the District Attorney to prove that the defendant is guilty of this charge he must prove that:
1) The defendant received, or held, money, or something of value,
AND
2) The defendant knew that is was given to him as a bet.
A "bet" is an agreement between two or more people that if an uncertain future event happens, the loser will pay something of value (usually money) to the winner. If the agreement is made on the outcome of a sporting event it is not necessary that the sporting event actually take place. The crime is complete upon the act of wagering or betting.
Of course, different gambling and gaming charges will require different elements which must be proved by the District Attorney. For example, PC 337a(a)(2) Keeping a place for recording bets will require elements that are different than the elements needed to prove 337f(a) Dope a race horse.
Most gambling and gaming charges can be charged as either a misdemeanor or a felony in California. For most misdemeanor convictions of illegal gambling or gaming the defendant could face up to year in county jail. For all felony convictions of illegal gambling or gaming the defendant could face up to three years in prison.
Whether or not the District Attorney charges misdemeanor or felony gambling or gaming charges depends on many factors, such as the amount of money and sophistication involved in the gambling or gaming, the criminal history of the defendant, and more.
In many cases, it may be possible to have the illegal gambling or gaming charges dismissed. In other cases, it may be possible to have the illegal gambling or gaming charges reduced to lesser offenses so as to avoid the harsh penalties associated with illegal gambling or gaming.
In addition to any possible jail/prison sentence, possible consequences of a conviction for illegal gambling or gaming include possible probation, U.S. immigration consequences (for non-U.S. citizens only), professional license or occupational permit restrictions, denials, or revocations, monetary fines, stay-away orders (orders to stay away from certain persons or places), and more.
If you have been charged with illegal gambling or gaming under PC 330-337, contact criminal defense attorney Christopher Dorado today.
Criminal defense attorney Christopher Dorado will patiently review your charges, competently and aggressively represent you through the stressful and complicated criminal court procedures, and advise and apprise you of your rights, defenses, and options. There is no fee for initial consultations.
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