CALIFORNIA PENAL CODE 647H PC – LOITERING TO COMMIT A CRIME

Under California Penal Code § 647(h), if a person loiters, prowls, or wanders on private property without any apparent or legitimate reason with the intent of committing a crime, they can be charged with a criminal offense. This section applies to anyone who commits such an act on another person’s property without any visible or lawful business with the owner or occupant. This type of offense is classified as a misdemeanor and is considered a form of disorderly conduct.

California Penal Code 647 states: (a) An individual who solicits anyone to engage in or who engages in lewd or dissolute conduct in any public place or in any place open to the public or exposed to public view.
Source:
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=PEN&division&title=15.&part=1.&chapter=2.&article

ELEMENTS

In order to establish a case under Penal Code 647(h), the prosecution must demonstrate that you:

• lingered, prowled, or wandered on another person’s property
• lacked a legitimate reason for being there
• intended to commit a crime if the opportunity arose
• were on the property with the intention of committing a crime if the opportunity presented itself.

All of these elements must be proven beyond a reasonable doubt. According to California loitering laws, simply lingering in a specific location can constitute a criminal offense. It is essential to be on the property with the purpose of engaging in unlawful activity. Additionally, for a lawful arrest to occur, law enforcement must have probable cause to believe that you are intending to commit a crime.

EXAMPLE

John is walking down the street late at night in a rough neighborhood. A police officer spots him standing outside a closed convenience store and believes he is loitering. The officer approaches John and questions him on what he is doing there. John explains that he was only waiting for a ride from a friend. The officer becomes suspicious when he sees John carrying a flashlight, gloves, and a crowbar. The officer then searches John’s bag and finds a ski mask. John is arrested for loitering to commit a crime under California Penal Code § 647(h) PC. During the trial, the prosecution argues that the flashlight, gloves, crowbar, and ski mask are evidence of John’s intention to commit a crime. However, John asserts the lawful purpose defense by explaining that the flashlight was for his personal safety, the gloves were for cleaning purposes as he worked as a handyman, and he found the crowbar and ski mask on the ground. John is ultimately found guilty of loitering with the intent to commit a crime and seeks expungement after completing his sentence.

PENALTIES, PUNISHMENT, AND SENTENCING

Convictions for violations of California Penal Code 647(h) are classified as misdemeanors. A conviction can result in fines of up to $1,000 and/or a maximum sentence of 1 year in county jail. These penalties are independent of any additional consequences from related charges that may have been filed concurrently.

Please note; this offense does not qualify as a strike under the California Three Strikes law, nor is it categorized as a sex offense under PC 290.

HOW TO FIGHT CHARGES AGAINST CALIFORNIA PENAL CODE 647H PC

If facing an accusation of loitering under PC 647(h), there are legal defenses available for you to assert. Some common defenses include demonstrating that:

• There was a lack of probable cause for the arrest.
• There was a legitimate and lawful purpose for your presence.
• The allegations made against you are false.

Law enforcement must have probable cause to suspect that you are attempting to engage in criminal activity. If probable cause is lacking, any detention or arrest for loitering would be a violation of the Fourth Amendment. Subsequently, any evidence obtained as a result of such an arrest would be inadmissible in court. This could jeopardize all criminal charges stemming from the arrest, including those more serious than the loitering offense.

Providing a lawful explanation for your actions can serve as a defense against a loitering charge. This can challenge the prosecution’s ability to prove that you were lingering with an unlawful intent.

Many accusations of loitering are unfounded and may stem from individuals with hidden agendas or motives, such as seeking revenge. Demonstrating evidence of ulterior motives on the part of the accuser can undermine a loitering case.

IMMIGRATION CONSEQUENCES

Under California Penal Code § 647(h) PC, loitering with the intent to commit a crime is a misdemeanor that can have serious immigration consequences for non-citizens. If the underlying intended crime involves moral turpitude or is classified as an aggravated felony, it can lead to deportability.

Additionally, such a conviction can render an individual inadmissible to the U.S., potentially denying re-entry, adjustment of status, or other immigration benefits. Even if not automatically deportable or inadmissible, the conviction can negatively impact discretionary decisions by immigration officials and affect the demonstration of good moral character required for benefits like naturalization. Given these complexities, non-citizens charged under this statute should seek immediate legal assistance from both criminal defense and immigration attorneys to understand the implications and explore defenses or alternative resolutions.

CAN A DEFENDANT GET A CONVICTION EXPUNGED?

A defendant charged under California Penal Code § 647(h) PC for loitering to commit a crime can pursue expungement of their conviction, given certain conditions are satisfied. Eligibility for expungement typically requires successful completion of the sentence, including jail time, probation, and payment of fines; the absence of pending charges; and compliance with probation terms if applicable.

The expungement process involves filing a petition, court review, and potentially a hearing wherein arguments can be presented for granting expungement. Benefits of expungement include improved employment and housing opportunities, as well as potential restoration of professional licenses. However, there are limitations, such as disclosure requirements for government jobs, immigration consequences, and consideration of the expunged conviction in future criminal proceedings. Seeking legal guidance is advised to navigate the expungement process effectively and increase the likelihood of a successful outcome.

RELATED CRIMES

• Drug possession – Health and Safety Code 11350 HS
• Carrying a concealed weapon – Penal Code 25400 PC
• Trespassing – Penal Code 602 PC

SPEAK WITH CRIMINAL DEFENSE LAWYER FROM TABIBNIA LAW FIRM

Being charged with loitering under PC 647(h) can have serious repercussions beyond just a minor inconvenience. It can result in jail time, fines, and a permanent stain on your criminal record, affecting not only your current situation but also potentially hindering future employment opportunities due to the blemish on your record. Additionally, the possibility of being banned from certain places or facing court orders restricting your movements intensifies the seriousness of these allegations.

At Tabibnia Law Firm, our experienced criminal defense attorney Cyrus Tabibnia has a proven track record of successfully defending individuals accused of loitering charges. We have a deep understanding of the intricacies of such cases and are committed to providing a strong defense to mitigate the impact of these charges on your life.