Taking and paying out on bets could result in a felony or misdemeanor charge.
Placing bets on something, like a sporting event, may not seem like that big of a deal. But if you are the person taking, recording, and paying out on the bets, you may be charged with a crime under California law.
According to a criminal defense lawyer in Santa Ana, CA, it is a crime to engage in bookmaking. Bookmaking involves taking bets, either orally or recorded in writing. The law further defines a bet as a wager or agreement between two or more people that if an uncertain future event occurs, the loser will either pay money to the winner or give them something of value. Even if the event never takes place, a bet will still have occurred.
To be convicted of the crime of bookmaking, a person must have knowingly engaged in the activity. It doesn’t matter if you do this for a living or just as a hobby. If you take and record bets, you could be charged with bookmaking under California law.
There are a number of California criminal offenses that are related to bookmaking. For example, you can be prosecuted for occupying a space for bookmaking, for receiving, holding or forwarding money for betting, recording or registering bets, and letting someone else use your property for bookmaking. In addition, if you make, offer, or accept a bet, you can be charged with a crime.
Importantly, there is an exception in California law for placing friendly bets or engaging in wagering games. For example, if you and your friends put money into a pool for your fantasy football league, and no one is acting as a “bookie” (no one is profiting from the arrangement), then you will not likely be charged with bookmaking. However, in this situation, you could still be charged with an infraction, depending on the facts of the case.
Bookmaking is a wobbler offense. This means that depending on the circumstances of the case and your criminal history, you may be charged with either a felony or a misdemeanor. As a felony, bookmaking is punishable by up to 3 years in California state prison, felony probation, and/or a fine of up to $5,000. If it is charged as a misdemeanor, the potential sentence includes up to 1 year in county jail, misdemeanor probation, and/or a fine of up to $5,000.
A criminal defense lawyer in Santa Ana, CA can defend you against bookmaking charges in a number of ways. In some cases, there may not be enough evidence to prove that you have engaged in this activity. Similarly, the prosecutor must be able to demonstrate that you were bookmaking knowingly — if they cannot, then the charge may be dismissed or reduced.
At the Chambers Law Firm, we aggressively advocate for each of our clients. Our goal is to help you achieve the best possible outcome for your case. To learn more or to schedule a free initial consultation, contact us today at 714-760-4088 or dchambers@clfca.com.
