Legal Corner

What if the penalty for a hobbyest in Calif???
billsbird 8966 reads
posted

Hi Everyone,  What is the penalty for a hobbyest in Calif if caught??? Thanks, Bill

California Penal Code 647, subdivision (b).
http://caselaw.lp.findlaw.com/cacodes/pen/639-653.1.html
It's a misdemeanor, punishable by up to six months in county jail, or $1000 fine, or both. Six months is the maximum. A judge has the discretion to give anything between 0 and 180 days for the first offense. Minimum mandatory of 45 days in custody for the second offense. Minimum mandatory of 90 days for the third offense.

Jack Daniels7566 reads

Misdemeanors sentences in California can be up to one year in jail and/or up to $2,000.00.

Section 19 to be precise:
http://caselaw.lp.findlaw.com/cacodes/pen/2-24.html

Except in cases where a different punishment is prescribed by any law of this state, every offense declared to be a misdemeanor is punishable by imprisonment in the county jail not exceeding six months, or by fine not exceeding one thousand dollars ($1,000), or by both.

Yes, the maximum sentence for misdemeanor in general is one year, according to section 19.2. However, some misdemeanors will have a maximum lower than one year. Some misdemeanors may also have a fine more than $1,000, such as Penal Code section 647.6, which has a fine limit of $5,000. California Penal Code section 647, subdivision (b), doesn't provide a punishment. Nor is 647(b) a wobbler, which would subject it to section 18. Therefore, by section 19, it only has a six month custody maximum and a $1,000 fine maximum.

floods, fires, droughts, earthquakes and movie stars.

But seriously, the penalties are not too different from local to local:  Mostly a fine and maybe probabtion, especially if a repeat offense.

The real penalties however, are incurred if you are married and now face the meme-sahib in divorce courts and/or jeopardizing your job status.

In short, play safe and don't get caught.

Jack Daniels6998 reads

In California §647 (b) CPC (solicitation for prostitution) is a misdemeanor which means upon conviction you could be sentenced up to one year in the county jail or up to $2000.00 fine or both.  There are 33 state prisons in California and I can guarantee you that spending time in the LA County Jail is far worse than all but a few of the California state prisons.

-- Modified on 2/2/2008 8:15:05 AM

billsbird7478 reads

...Thanks for the replies. No, I'm not married, no GF & retired so I was just curious on the legal issues {although I can't say as I want to make the front page of the local newspaper!}. Anyway, if a fine & maybe probation is all I'd be looking at then I won't worry to much about getting caught. I was just thinking about what Berreta said; "don't do the crime if you can't do the time"  and I don't want to spend ANY time in jail! ;) Thanks again, Bill

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