If you have been charged with Eavesdropping in Orange County, you should contact The Atias Law Firm, a criminal defense law firm in Orange County. Eavesdropping is also commonly known as listening in on someone else’s conversation with them not knowing. Generally, it is not illegal to listen in on someone else’s conversation. As such, California’s criminal law against eavesdropping criminalizes only a very particular kind of eavesdropping. The relevant portion of the law that is applicable to Eavesdropping in Orange County is summarized below. However, the full text of the Eavesdropping laws in Orange County can be found in California Penal Code Sections 632. To prove that the defendant is guilty of Eavesdropping, the Prosecutor must prove that:

• The act was intentional and not accidental;

• The act needs to take place without the permission of one of the parties to the overheard conversation.  Both parties to the conversation must consent;

• The conversation needs to be confidential such that at least one party to the conversation intends for no one else to overhear it;

• The eavesdropping needs to involve the use of an electronic amplifying or recording device, either to overhear the conversation in the or to record it

It is important to note that eavesdropping can come in a few different forms including the intercepting of calls on cellular phones or cordless phones The Eavesdropping laws in Orange County can be confusing to a defendant charged with that crime. At The Atias Law Firm, a criminal defense law firm in Orange County, we know the ins and outs of these particular criminal charges and we will work hard to get your case dismissed or lowered to a lesser offense, such as assault.

Will I Go To Jail?

Possibilities & Penalties for Eavesdropping Charges in Orange County

Eavesdropping is generally a wobbler, meaning that it can usually be charged as a misdemeanor or felony depending on the circumstances. Eavesdropping as a misdemeanor is punishable by up to 1 year in county jail and a fine of up to $2,500.00.  However, if Eavesdropping is charged as a felony, it is punishable by up to 3 years in state prison and $2,500.00 in fines.  In addition, if you have previously been convicted of eavesdropping or certain other crimes associated with invasion of privacy, the maximum fine rises to $10,000.00.  As detailed below, The Atias Law Firm will assist with getting your case reduced to a lower crime or your case dismissed altogether.

Defenses to Eavesdropping in Orange County

Our team of criminal defense attorneys know the defenses that may help get your Eavesdropping charges reduced or dismissed. There are a number of defenses to Eavesdropping in Orange County, however the applicability of those defenses depends on the facts of your case.  For instance, one can argue that he or she did not intend to overhear or record a conversation. Another defense is that while he or she may have listened in on a private conversation, no device was used to amplify or record said conversation.

Reduced Charges to Misdemeanor Eavesdropping in Orange County

When the prosecutions case is strong and they are pushing for charging you with felony Eavesdropping, sometimes the best tactic is to try to work out a plea deal with the Prosecutor and reduce the charge to a misdemeanor and obtain a lesser sentence of Eavesdropping. The criminal defense lawyers at The Atias Law Firm will help navigate you to getting your Eavesdropping charge reduced to a lesser charge, perhaps even dismissed.

What Happens If I Have a Prior Conviction?

If you have prior convictions for Eavesdropping, then you may face increased penalties in your current Eavesdropping case. The Atias Law Firm aggressively challenges any prior convictions. For instance, if your prior Eavesdropping conviction occurred more than 10 years ago, or if it occurred in another state, then we may be able to get those prior convictions stricken. If we can successfully strike your prior convictions, then you will only face 1st time Eavesdropping penalties.

What Should I do about an Eavesdropping charge in Orange County?

Contact The Atias Law Firm today for a free and confidential consultation regarding your case. We will look at your personal history and the facts surrounding the charges against you, and then we can discuss possible outcomes with you at no cost.