Some forms of gambling are legal in California. These include cardrooms, parimutuel wagering on horse racing, and charitable gaming. However, percentage and banking games represent types of illegal gambling in California.
If you are charged with illegal gambling in California, request legal help. Let a criminal defense lawyer in Los Angeles evaluate your case. They can discuss legal options you can use to contest the charge against you.
What Types of Gambling Are Illegal in California?
Per California Penal Code 330, certain forms of gambling are illegal. A Los Angeles criminal defense lawyer can provide insights into illegal gambling in California and the penalties associated with it. You could face a gambling charge based on engaging in any of these illegal games:
- Faro
- Rondo
- Roulette
- Seven-and-a-Half
- Lansquenet
- Monte
- Hokey-Pokey
- Rouge et Noire
- Twenty-one
- Fan-Tan
This list covers many card games that California considers illegal but is not a comprehensive record of these crimes. Other percentage and banking games may lead to criminal charges. California also considers sports betting, including online sports betting, to be illegal.
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Is Gambling Illegal in California If You Are Doing So from Another State?
California considers it a violation of the law if you engage in sports betting online in a different state. This is the case regardless of the laws of the other state. For example, if you gamble in Nevada, where sports betting is legal, you could face charges for illegal gaming that can impact you for the rest of your life.
Some individuals use a virtual private network (VPN) to gain more privacy when browsing online. VPNs sometimes obscure an individual’s physical location. Yet, using a VPN does not change California’s laws regarding sports betting.
Regardless of whether you use a VPN, you can still face criminal charges if law enforcement finds you engaged in sports betting. In addition to being punished under PC 330, you could receive charges in accordance with California Penal Code Section 332. A Los Angeles criminal defense attorney could help you avoid serious penalties for gaming.
Can You Engage in Fantasy Sports Betting in California?
California has not officially legalized daily fantasy sports (DFS) apps. However, the state has made no attempts to tax or regulate the DFS industry, mostly allowing people in the state to participate in this form of gaming without issue. Examples of DFS systems used in California include:
- Fliff California
- PrizePicks California
- Underdog California
- Sleeper California
- Betr Picks California
- ParlayPlay California
Many of these systems include paid or free-to-play options. Some use specialized “coins” that users can redeem for money. Individuals may engage in over/under games or draft-type contests on some systems. Sports betting legislation may change California’s stance on DFS games, especially those that use real money.
Does California Consider Sports Pool Betting Illegal?
California considers sports pool betting to be an illegal act. Therefore, you could face charges if you participate in gambling in your workplace. In this situation, you can be punished based on California Penal Code Section 337a.
For instance, many people set up March Madness betting pools. However, under CA Penal Code Section 337a, you may face a fine of up to $250 if your bet was $2,500 or less. If your bet was more than $2,500, you could receive a jail sentence of up to one year.
Both workers and employers can face criminal gaming charges. A criminal defense attorney serving Los Angeles can explain these charges in depth. They can provide legal tips and recommendations on how to defend against such charges.
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Are There Legal Forms of Gambling in California?
Certain forms of gaming are legal in California. These include Vegas-style casinos located on Tribal Indian Land, card clubs in which players are charged a fee instead of having banked games, and the state lottery. Charitable gambling, such as bingo games for charity and parimutuel horse betting, is also permitted.
The only Vegas-style casinos where legal wagering is allowed in California exist on Tribal Land. Many Tribal Casinos host this specific type of gambling, which uses banking/percentage collection. It takes money from a game’s losers and uses that money to pay the winners while taking a “cut” for the house (or casino).
The Indian Gaming Regulation Act allows federally recognized tribes to run casinos. Many tribal casinos exist throughout northern and southern California. American tribes have a right to operate these gaming establishments, and you should not face criminal charges for gambling in these Indian casinos, even if you use real money.
What Are Penalties for Illegal Gambling in California?
Any banking game (collecting from the losers to pay the winners) or percentage game (when the house gets a cut of the winnings) is illegal. If you face charges of any unlawful types of gambling, the court often treats the act as a misdemeanor. Penalties you can face for an illegal gambling charge include:
Jail Time
Individuals convicted of gambling in California may face up to six months in county jail. Contact a lawyer immediately for help with legal services for a misdemeanor offense or felony. Your lawyer can provide insights into what white-collar crime punishments in California are and prepare a legal strategy on your behalf.
Probation
Judges may decide to sentence you to probation instead of jail time in some situations involving illegal gambling. Your lawyer may push for this option. In doing so, they could help you avoid a conviction that ultimately affects you long into the future.
Fines
Because some gambling is illegal in California, the court system can charge you up to $1,000 in fines for a gambling conviction. Your attorney may use a plea deal in which you agree to pay a fine in lieu of jail time. They can share details about how plea bargains work and if it is in your best interests to consider one.
Along with these, a criminal conviction can impact your life in other ways. As an example, potential employers and landlords may review your criminal record before offering you a job or renting you an apartment. Or a criminal record can hurt your chances of getting into the college of your choice.
What to Do If You Face Charges for Illegal Gambling
If the police charge you with betting on sports or other forms of illegal gambling in California, the first step is to contact an experienced criminal defense lawyer. They can collect evidence to support your case, including eyewitness testimony from other players and video footage from a casino or card club. Your proof may show that:
You Were Not Playing a Prohibited Game or Engaged in Illegal Betting Operations.
California has gambling laws and permits the lottery and many other forms of gambling or games of chance. Your lawyer may argue that you did not engage in banking or percentage games, a poker game, or other explicitly prohibited wagering activities. This could lead to a dismissal of the case against you.
The Prosecution Is Using Unlawfully Obtained Evidence.
Your lawyer can take steps to get your charges dismissed if the evidence used to charge you came from an unlawful search and seizure, which is a breach of the Fourth Amendment. They can give you details about what the Fourth Amendment means relative to your case. Your attorney may also prove that law enforcement violated your legal rights when questioning you.
You Engaged in Gambling Activities via a Charitable Organization.
California allows charitable organizations to operate some banking/percentage games. Individuals who participate in these games should not face criminal charges for their actions. If you were participating in gaming via a charity gambling event, you could have grounds for having the charge against you eliminated.
In some cases, you could have a gaming conviction expunged from your record. Typically, you must complete either probation or your jail sentence before your lawyer can apply for an expungement. If an expungement is granted, it may be easier to get a job or secure a place to live in California following a conviction.
Find Your California Illegal Gambling Charge Attorney Today
It can feel like the end of the world to receive a criminal charge relating to gaming. You could face misdemeanor or felony penalties and have no idea how to deal with this legal issue. Work with a lawyer who will prepare a legal defense tailored to your case.
The team at Simmrin Law Group has decades of legal experience. Give us the opportunity to contest your criminal charge, and we could help you avoid a lengthy jail term and other significant penalties. Schedule a consultation with our team.
Call or text (310) 896-2723 or complete a Free Case Evaluation form