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N Cal Attorney
N Cal Attorney, Lawyer
Category: Criminal Law
Satisfied Customers: 8086
Experience:  Since 1983
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i got charge with a pc182(a)(1) for a 330pc and im in the state

Customer Question

i got charge with a pc182(a)(1) for a 330pc and im in the state of califorina im i looking at jail time
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Attorney & Mediator replied 4 years ago.
Penal code section 330 is a misdemeanor. If this is your first time offense you would not see any jail time but rather pay some hefty fines and end up with probation for one to two years. If you have multiple felonies or misdemeanors then jail time is highly probable.




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Customer: replied 4 years ago.
its a felony now it my first offense but they filled it as a 182 a 1 because there where two others involved also it was for a gaming machine they found 21 machines when they came with an ramey warrant
Expert:  Attorney & Mediator replied 4 years ago.
Let me opt out since I am not to sure of the consequences based on the situation you now posted. If another expert is able to help, you will be notified.

Expert:  Hammer O'Justice replied 4 years ago.
Are you certain that you were charged under 330? Because 182 is the conspiracy statute and it states that if you are involved in a conspiracy, it is to be punished in the same manner as the principal who commits the crime. And as the expert above stated, 330 is a misdemeanor, so conspiracy to commit a misdemeanor would still be a misdemeanor.
Customer: replied 4 years ago.
yes i know 330b is a misdemeanor but i was charge with a 182 and its a felony thats why im confused i know the crime is a misdemeanor but since they added the 182 know im being charged with a felony
Expert:  N Cal Attorney replied 4 years ago.
In California, conspiracy to commit a misdemeanor is chargeable as a felony.

http://leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001-01000&file=182-185 has the statute, PC 182.

subsection (a)(6) states: When they conspire to do any of the other acts described in this
section, they shall be punishable by imprisonment in the county jail
for not more than one year, or in the state prison, or by a fine not
exceeding ten thousand dollars ($10,000), or by both that
imprisonment and fine.

That defines what is called a wobbler in California. A wobbler is a crime that can be charged as either a felony or a misdemeanor.

330 is always a misdemeanor:
330. Every person who deals, plays, or carries on, opens, or causes
to be opened, or who conducts, either as owner or employee, whether
for hire or not, any game of faro, monte, roulette, lansquenet, rouge
et noire, rondo, tan, fan-tan, seven-and-a-half, twenty-one,
hokey-pokey, or any banking or percentage game played with cards,
dice, or any device, for money, checks, credit, or other
representative of value, and every person who plays or bets at or
against any of those prohibited games, is guilty of a misdemeanor,
and shall be punishable by a fine not less than one hundred dollars
($100) nor more than one thousand dollars ($1,000), or by
imprisonment in the county jail not exceeding six months, or by both
the fine and imprisonment.
From http://leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001-01000&file=330-337z

But conspiracy to commit 330 can be charged as a felony at the discretion of the DA.

I hope this information is helpful.
N Cal Attorney, Lawyer
Category: Criminal Law
Satisfied Customers: 8086
Experience: Since 1983
N Cal Attorney and 4 other Criminal Law Specialists are ready to help you

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