Harassment, Stalking, Misconduct punishment for violation of penal code § 647(h)

[LS1234]

My jurisdiction is: CA (Sacramento County)

I cannot find what the punishment/sentencing is/would be for violation of Penal Code § 647(h). I do know it is a misdemeanor, however, is it more of an infraction so that the person is just cited, and let go?

Thanks

 

[CdwJava]

PC 647(h) is as follows:

647. Every person who commits any of the following acts is guilty
of disorderly conduct, a misdemeanor:
(h) Who loiters, prowls, or wanders upon the private property of
another, at any time, without visible or lawful business with the
owner or occupant. As used in this subdivision, "loiter" means to
delay or linger without a lawful purpose for being on the property
and for the purpose of committing a crime as opportunity may be
discovered.​

Unless otherwise specified, misdemeanors in CA are punishable as follow:

19. Except in cases where a different punishment is prescribed by
any law of this state, every offense declared to be a misdemeanor is
punishable by imprisonment in the county jail not exceeding six
months, or by fine not exceeding one thousand dollars ($1,000), or by
both.​

- Carl

 

[LS1234]

Thanks

So would the "up to one year in county jail, or up to $1,000, or both" be in the court's discretion?

 

[CdwJava]

So would the "up to one year in county jail, or up to $1,000, or both" be in the court's discretion?

If not part of any sentencing guidelines established by that court, then, yes, it would be entirely up to the court's discretion. However, if your attorney can work out a plea arrangement with the DA, then the court would likely accept the terms of any such agreement.

Oh, and it is up to 6 months, not one year.

- Carl

 

[guestpost]

depends on the priors for sentencing- suspects with thefts, vandalisms, burglaries, stalking, etc could face the max. sentence. Here in L.A. County if you do not have the above priors, or similar behavior, you'll either get it kicked down to an infraction by the city Atty's office in Los Angeles

 

[guestpost]

What is the max term stipulated for 647 h.. there is a history of theft convictions within the past 3 years. But not in the county in which the aleaged crime was committed. And i thought , if you have been convicted of a crime and sentenced to prison the court cannot sentence you for that crime again? Im not sure if me question is properly asked, nonetheless im tiered of going to pr

 

[guestpost]

no history of theft. charges are PC 647 (H) & PC 484. what is the punishment