If you have been charged with Peeking While Loitering in Orange County
, you should contact The Atias Law Firm, a criminal defense law firm in Orange County. Peeking While Loitering
is also commonly known as a peeping tom which is a person who gets pleasure from secretly watching others. The relevant portion of the law that is applicable to Peeking While Loitering in Orange County
is summarized below. However, the full text of the Peeking While Loitering laws in Orange County can be found in California Penal Code Sections 647(i). To prove that the defendant is guilty of Peeking While Loitering
, the Prosecutor must prove that:
- The defendant delayed, lingered, prowled, or wandered upon the private property of another;
- without a lawful purpose for being on the property; and
- while doing so, peeked in the door or window of any uninhabited building or structure located thereon
It is important to note that a building or structure is considered inhabited if someone presently uses it as a dwelling regardless whether someone was inside at the time of the alleged peeking. Also, the prosecutor need not show that the defendant loitered on the property with the intention of peeking. All that needs to be shown is that the defendant was on someone else’s property with no lawful purpose and the defendant peeked in a door or window The Peeking While Loitering laws in Orange County can be confusing to a defendant charged with that crime. At The Atias Law Firm, a criminal defense law firm in Orange County, we know the ins and outs of these particular criminal charges and we will work hard to get your case dismissed or lowered to a lesser offense, such as assault.
Will I Go To Jail?
Possibilities & Penalties for Peeking While Loitering in Orange County
Peeking While Loitering is generally a misdemeanor punishable by up to six months in county jail and a fine of up to $1,000.00. As detailed below, The Atias Law Firm will assist with getting your case reduced to a lower crime or your case dismissed altogether.
Defenses to Peeking While Loitering in Orange County
Our team of criminal defense attorneys know the defenses that may help get your Peeking While Loitering charges reduced or dismissed. There are a number of defenses to Peeking While Loitering in Orange County, however the applicability of those defenses depends on the facts of your case. For instance, one can argue that they were not peeking in a door or window or that the person was not on private property such as on a sidewalk or street. It can also be argued that the person was not loitering at the time he or she peeked but rather simply was continuing on his or her way to a different location. Yet another defense is that you had a lawful purpose for being on the property or that the building you were peeking into wasn’t inhabited.
How Can Peeking While Loitering Charges Be Reduced?
When the prosecutions case is strong and they are pushing for a greater sentence of Peeking While Loitering, sometimes the best tactic is to try to work out a plea deal with the Prosecutor and reduce the charge to obtain a lesser sentence Peeking While Loitering. The criminal defense lawyers at The Atias Law Firm will help navigate you to getting your Peeking While Loitering charge reduced to a lesser charge, perhaps even dismissed.
What Happens If I Have a Prior Conviction?
If you have prior convictions for Peeking While Loitering, then you may face increased penalties in your current Peeking While Loitering case. The Atias Law Firm aggressively challenges any prior convictions. For instance, if your prior Peeking While Loitering conviction occurred more than 10 years ago, or if it occurred in another state, then we may be able to get those prior convictions stricken. If we can successfully strike your prior convictions, then you will only face 1st time Peeking While Loitering penalties.
What Should I do about a Peeking While Loitering charge in Orange County?
Contact The Atias Law Firm today for a free and confidential consultation regarding your case. We will look at your personal history and the facts surrounding the charges against you, and then we can discuss possible outcomes with you at no cost.