Gambling fraud occurs when you use tricks, fortune-telling, gambling, betting, or card games to obtain another person's services, goods, or money. The law in California is against gambling fraud. The crime attracts severe penalties based on your past criminal record and the facts surrounding your case.

The law considers the crime a wobbler, meaning the prosecutor can file the charges as either a felony or a misdemeanor. When you face charges of gambling fraud, you want to seek legal help from your criminal defense attorney. The attorney will help you fight the charges.

At California Criminal Lawyer Group, our attorneys are willing and prepared to accompany you as you navigate the challenging legal process. We do everything possible to ensure the attorney reduces or dismisses the charge. Therefore, we are always here if you seek legal services in Santa Ana, California.

Elements of Gambling Fraud

Before facing any conviction in a criminal court, the prosecutor must prove the elements of the crime. For example, in a gambling fraud case, the prosecutor must prove your intent to commit the crime.

Again, the prosecutor must prove how your fraudulent acts led to the victim losing their property or money. Below is a discussion of the elements the prosecutor must prove in gaming fraud cases:

Your Intent to Defraud

For you to face conviction, the prosecutor must prove from the onset of the game that you had the intent to trick the player and defraud their property or money. These elements form the foundation of gambling fraud.

What is a trick in gambling? Trick shows that you conducted yourself in a way that involved cheating to obtain advantages over the players by unscrupulous means not outlined by the standard gaming rules. The court will drop the charges when the prosecutor fails to establish that your main aim in engaging in the game was to defraud.

Loss of Property or Money

The prosecution team must show you conducted the fraudulent activity to convince the players to part ways with their property or money. However, the other party doesn't need to lose money for you to face conviction.

The property includes any item of value that is measurable in dollars. The prosecution team must show that your primary intent was to obtain money or property from the alleged victim.

Fraudulent Actions

Fraud means deliberately misrepresenting facts to obtain undue advantages from another person. In the gaming case, the court considers you to have acted fraudulently when you represent information calculated to mislead the other person.

In this situation, the defendant tries to make misleading information sound true when they know it is false. However, using natural intelligence in poker games is not fraud, provided you do not target obtaining undue benefits from the other person.

Therefore, when you face a gambling fraud charge in California, you want to seek legal help from your criminal defense attorney. The attorney will guide you and help you skip legal charges by developing a solid defense strategy.

Common Gaming or Gambling Activities in California

California legalizes and recognizes certain gambling games. In California, the common forms of gambling include bingo, casinos, lotteries, betting, gaming machines, and arcades. Several gambling games have state licenses, while others are practiced illegally. The following is a detailed discussion of the various gaming and gambling activities in California:

Charitable Gambling

In California, charitable gambling is legal. It includes games like bingo, whose profits go to charity. In many cases, charities host these games. Note that bingo is the only accepted charitable game in the state.

The charity games are mainly conducted to benefit non-profit organizations. Remember, the non-profit organization might not be the operator of the games. The non-charitable games include Monte Carlo and church raffles. Charitable games are the least regulated gambling games in California.

Despite the non-profit nature of the charitable games, they still face immense criticism from the state. Due to the minimal regulations, cases of cheating, accounting irregularities, fraud, and theft are high.

Arcade Games

In California, both minors and adults can participate in arcade games. In the state, there are many arcade centers. The centers are either family-centered or adult-centered. It is a requirement for arcade games to have an age limit. For example, any person under the age of 18 is restricted from participating in arcade games.

Casino

In California, there are many casino games. The games can be played at a casino or online. Casino games in the state include baccarat, poker, American roulette, and blackjack.

Gaming Machines

What are gaming machines? A gaming machine is any tool that can work as a gaming or gambling platform. They include jackpots, fruit, and slot machines. In California, the law does not consider domestic computers to be gambling machines.

Lotteries

Lotteries include sweepstakes, tombolas, and raffles. In California, the state has a lottery controlled by the state government. The law disallows any person under the age of 18 from conducting the lotteries. You face a misdemeanor charge when charged with participating in lotteries while underage.

Betting

Betting is among the most common forms of gambling. It involves placing a stake in favor of a particular favorable outcome. Betting occurs in two primary forms: fixed-odds betting and pool betting. A person who participates in fixed-odds betting may have predetermined results for a particular game.

For example, you might predict that a particular team will score one goal in a football game. Fixed-odds betting can either occur in a betting shop or online. Alternatively, the outcome of pool betting is usually determined by the number of stakes in a particular pool.

Common Forms of Illegal Gambling in California

Apart from playing games, there are other ways in which you violate gaming and gambling laws in California. Remember, the main thing is that in a gambling game, you obtain money illegally. The following are the common ways in which you commit gambling fraud in California:

Free Speech or Fortune-Telling

A person may abuse their right to free speech to defraud another person for their goods or money. It occurs because of fortune-telling. Although free speech and other forms of expression like fortune-telling are not illegal, doing so to obtain an item of value or money is gambling fraud.

However, depending on the nature of your case, the criminal court decides whether the fortune-telling qualifies as an offense. Since several religions allow fortune telling, when charged with that crime and you belong to the religion, you cannot face conviction.

Again, even if you acquire money or valuable items from another person, you cannot face conviction when your community allows fortune-telling. You also avoid the charges when you mainly display a sign to inform the customers that your services are only for amusement.

However, you can still face fraud charges when you make predictions for other people's money when your beliefs disallow it. You violate California PC 332 when the court determines your primary goal is to gain profits from your potential clients.

Consequently, based on the case facts, fortune-telling leads to game or gambling charges. When you face charges, you require the services of a competent criminal defense attorney to help you persuade the judge that your main aim was not to deceive your clients but rather to educate them.

Chip Dumping

In poker games, chip dumping is usually standard. It is a game that many online scammers use to steal money from gamers. The fraudster utilizes many accounts to affect the potential outcome of the game. The many accounts enable the fraudster to cheat in favor of or against an opponent.

Bonus Abuse

Many gaming websites usually promise a 100% bonus for their new players. The bonus entices the players to start playing the game immediately after they sign up. Gaming scammers utilize these benefits by setting up many accounts containing fictitious details.

Creating a phony account to obtain a signup bonus is fraud. So, you could end up facing accusations of committing gaming fraud. They utilize the benefits of large casino bonuses to win vast amounts of money.

Online Casino Chargebacks

An online casino chargeback occurs when the player complains to their credit card company or bank that their accounts were incorrectly charged at the casino. The gamers do so to ask for a chargeback.

The chargebacks cost the casino money. Fraudsters use chargebacks to take advantage of the casino unfairly. The funds the player transfers to the account can only be reversed when they have contested a transaction.

Multiple Accounts

Online gaming is becoming popular for people who wish to enjoy it while making extra money. However, to play gambling games, you must have a personal account. Fraudsters use several techniques, including making various profiles with unique login information.

Creating different user profiles with unique login credentials could result in gambling fraud charges. Remember, gambling fraud also involves using various accounts to defraud players of their money.

What are the Consequences of Gambling Fraud in California?

The consequences of gambling fraud vary based on the value of the property and the amount of money involved in the fraudulent activity. When you fraudulently obtain property worth over $950, the offense might be a felony or misdemeanor.

If the crime is a wobbler, the prosecutor can file the case as either a misdemeanor or felony. You face a misdemeanor charge when you commit gambling fraud to obtain property or money valued below $950.

Misdemeanor Charge

The penalties include summary probation when the prosecutor files a misdemeanor gambling fraud charge. Summary probation comes with fewer conditions than formal probation. If below $950, you serve jail terms for at least six months.

Felony Charges

When you face a felony charge, the penalties include serving felony probation. Felony probation is also known as foal probation. While serving the probation term, the law expects you to comply with the conditions of the probation.

The court might also inflict a jail term. The jail terms include 16 months, 24 months, or 35 months. You serve the jail term based on the state realignment program.

What are the Conditions of the Probation?

Instead of jail terms, the court might impose probation. Sometimes the court may impose probation in addition to your jail term. A standard probationary term lasts for one year. When the court recommends you serve probation, they order you to avoid certain things.

While serving probation, the criminal court may ask you to avoid gambling. If you are addicted to gambling games, the court may take you to specific gaming addiction treatment programs. Also, you might take part in community service.

When you fail to comply with the conditions of the probation, the court may revoke the probation. When the court revokes the jail sentence, it might require you to serve the initial jail terms. Lastly, the gambling charges may increase upon violating the conditions of probation.

Fighting Gambling Charges in California

The decision to charge you with either a felony or misdemeanor charge depends on the prosecutor. It also depends on the value of the property in question. The consequences of facing a gambling fraud charge in California can negatively affect your future. Fortunately, you can still fight the charges with the help of a well-skilled and experienced attorney. You can fight the charges.

Ensure that you discuss your side of the story with your attorney. The attorney will listen to your story, gather enough evidence, and develop a defense strategy to fight the charges. The following are the legal defenses your attorney can apply to fight a gambling fraud charge:

  • Freedom of Speech

When your fraud charge involves fortune-telling, you can use this defense to fight the charges. For example, suppose you are an astrologer or a member of a fortune-teller's guild, and your religion believes in forecasting future events.

In that case, you cannot face charges for gambling fraud just because you accepted property or money from a specific person to read their fortunes. Again, the court will dismiss your gambling fraud charges when your main aim in committing the crime was to entertain the general public.

However, if the court has enough evidence that you engaged in fortune telling and know you are incapable of forecasting the future, and your main aim was to defraud, you face charges of gambling fraud. So, when you convince the court that you had no intent to commit the gambling fraud, the court will consider dropping or reducing the charges.

  • The Property You Received was Invaluable

Before you face conviction for gambling fraud in California, the prosecutor must prove you obtained money or property of value from the person you defrauded. It is not enough for the prosecutor to only prove you committed the fraud activities. So, the prosecutor must also show the property in question was valuable. The court might dismiss the charges if the property in question was invaluable.

  • Lack of Intent

Like other criminal cases, the intent to commit an offense is usually key to the conviction. One of the main elements the prosecutor must prove is your intent to commit the crime. When the prosecutor fails to prove your intent to commit the crime, the judge may decide to dismiss the charges.

Suppose you had the aim of defrauding the other person. In that case, it means acting out of malice, making a representation when aware of your intent, and obtaining premeditated or desired output.

  • Unlawful Police Raid

Although gambling in your house to gain profit is illegal in California, law enforcement officers do not have the right to enter and arrest you. When this happens, you want to speak with your criminal defense attorney immediately. Again, when you prove that the police violated your rights during the arrest, the court will drop the charges.

What Crimes are Related to Gambling Fraud in California?

In California, several crimes are charged along with gambling fraud. The crimes include:

  1. Grand Theft - PC 487

Grand theft involves taking another person's property through unlawful means. The property in question must have a value above $950. Grand theft has several consequences, including negative impacts on your professional and personal lives.

Also, the law allows the prosecutor to file charges against you when you commit the offense, even if it seems minor. The following are the criminal offenses that the law considers a violation of California PC 487:

  • Stealing jewelry with a value of $1000.
  • Mismanaging your employer's money amounts to thousands of dollars.
  • Burglary offenses where you pick up household goods worth thousands of dollars.

Penalties for Violating PC 487

The law in California considers grand theft a wobbler. The grand theft charge could lead to a misdemeanor or felony charge. When a misdemeanor grand theft is committed, the offense attracts jail terms of up to 12 months. Alternatively, when a felony is charged, you face a jail term of either 16 months, 24 months, or 36 months.

The Legal Defenses for PC 487

If you face a grand theft charge, you should work closely with a criminal defense attorney. The attorney knows the best defenses they can employ to help you fight the charges. The following are the legal defenses your attorney can use:

  • False accusation.
  • The alleged property belongs to you.
  • You had no intent to steal the alleged property.
  • The property owner offered the item to you.
  1. Petty Theft PC 484

You can face charges for petty theft when you take another person's property and keep it as your own. Before you face conviction for petty theft, the prosecutor must prove the following elements:

  • You took another person's property and kept it as yours.
  • You did not have permission from the property owner to possess the property.
  • You transferred the alleged property to a different location.
  • You had the intent to deny the property owner their right to own the property.

The Potential Penalties

According to California laws, petty theft is a misdemeanor offense. As a misdemeanor offense, it attracts the following penalties:

  • A summary probation.
  • Six months of jail terms.

The Legal Defenses

With the legal help of your attorney, you can develop a solid defense to fight the charges. The attorney can use the following defenses to fight your charges:

  • You legally own the property in question.
  • You had consent from the owner to possess the property.
  • You had permission from the property owner to keep the property.
  1. Theft by pretense

Theft by pretense involves lying to others to lure them into giving you their property or money. The crime involves telling the other party something untrue to convince them to provide you with their property or money. The crime relates primarily to other theft offenses like grand theft, auto theft, and shoplifting.

The Potential Penalties

The law considers the crime of theft using pretense to be either petty theft or grand theft. Therefore, when the property is under $950, you face penalties for petty theft. They include a six-month jail term. Alternatively, when the property's value exceeds $950, you face legal penalties for grand theft, including a 12-month jail term.

The Potential Defenses for Theft by Pretense

According to California law, theft by pretense is a severe offense. The fact is, unlike other theft crimes, theft by pretense involves intricate details. Working with a competent criminal defense attorney can help you fight the charges. The attorney will evaluate your case and develop strong defenses. For example, your attorney can use the following defenses:

  • Lack of intent to deceive.
  • Lack of reliance.

Contact a Criminal Defense Attorney Near Me

Are you facing allegations of committing gambling fraud in Santa Ana, California? Given the severe punishment the offense attracts, a conviction can significantly harm your professional and personal lives. Handling the legal process on your own could also be challenging. Therefore, you want to work closely with an experienced criminal defense attorney.

At California Criminal Lawyer Group, our attorney can analyze your case to develop a solid defense to fight the charges. We offer support and advice throughout the legal process. We only give up when you are happy and satisfied with your case's output. Contact us today at 714-844-4151 and let our competent attorneys help you navigate the legal process.