When you use card games, betting or gambling, tricks, or pretentious fortune-telling to obtain another person’s money, goods, or services, it is known as gambling fraud. You are guilty of gambling fraud, for example, if you utilize cards to predict someone’s future illegally, for example. Your punishment for gambling fraud in California is determined by the details of your case and your criminal record. It carries a potential three-year jail term and a hefty fine if you are faced with charges for a felony or misdemeanor. If you have been accused and arrested of gambling fraud, the first step is contacting Ajua Bail Bonds to past your bail, so you can begin your defense strategies. Today, we at Ajua Bail Bonds would like to take the opportunity to further explain gambling fraud.
Legal Definition of Gambling Fraud
Gambling fraud is illegal in California under PC 332. It is considered a crime when you gain cash or other valuables from another individual using dubious gambling, fortune-telling, or card games. In the statute, the components of the offense are detailed. The prosecution must prove these elements beyond a reasonable doubt for the judge to find you guilty. Typically, these elements include the following:
– From someone else, you obtained valuables or money.
– Using a three-card monte game or any other card game, gambling, tricks, wagering, or deceptive fortune telling is how you accomplished such.
Examples of Gambling Fraud
Deception is entailed with a dishonest acquisition of money or valuable property. Using a method or tactic allowed under the gaming rules to unfairly advantage oneself over another player, for example. Fraud is acting dishonestly, without integrity, or with moral turpitude, according to California law. To deceive other players involves breaking the game’s regulations. You are not being dishonest if in the event you play cards honestly and win, and if your victory is legitimate and obvious. You are still guilty of gaming fraud when you apply tricks to defeat other players, even if the game you play is lawful, however. Players must purchase the chips they use in poker games for example. Covering all of their lost chips is the responsibility of each game’s losers as the winner receives that sum of money. You will cause other players to lose money, which fulfills the requirements for this crime if you cheat or use trickery to win at poker. There are many other ways to violate gambling fraud laws exist in California other than playing card games. Types of gambling fraud include:
– Multiple Account fraud
– Chip dumping
– Top up fraud
– Top up abuse
What is the Punishment for Gambling in California?
Gambling fraud is punished as either petty theft or grand theft in CA. Based on the monetary value of the property you obtain from the alleged victim; the prosecutor decides what to charge you with.
If you steal the victim’s property valued at $950 or more the crime is a wobbler offense. The prosecutor could charge you with a felony or a misdemeanor according to the specifics of your case and your criminal history. If the value of the property you illegally gained from the victim is less than $950, you will face charges for a misdemeanor under PC 332, however. Gambling fraud misdemeanor convictions punishments:
– Misdemeanor or summary probation
– Up to 1 year in jail
– Court fines of up to $1,000
You could receive the following punishments if you face felony charges for gambling fraud:
– Felony or formal probation
– A prison maximum of three years
– A fine of up to $5,000 and up to $10,000 for the second offender