Legal Question in Criminal Law in California

pc 148 a 1

what would the sentencing be for first time offense on this?


Asked on 6/03/09, 3:53 pm

2 Answers from Attorneys

Brian McGinity McGinity Law Office

Re: pc 148 a 1

There is no way to give you an accurate answer to your question since it depends on the facts involved, the county where the incident occurred, the Judge who decides the case and other factors unique to the situation. However, the Penal Code provides that "if no other punishment is prescribed" than the punishment "shall be by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in a county jail not to exceed one year, or by both that fine and imprisonment."

In other words if there are no other charges along with the violation the maximum penalty could be $1,000.00 and incarceration in county jail for up to one year.

However, it really is impossible to give you any type of accurate answer without knowing more. You should contact an attorney immediately and explain the facts and get a real evaluation of your situation.

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Answered on 6/03/09, 6:18 pm
Joe Dane Law Office of Joe Dane

Re: pc 148 a 1

It really depends on the facts of the case and your prior record. Having said that, the Tulare County DA's office is fairly aggressive. Even for this misdemeanor, you probably want to retain counsel to discuss your options.

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Answered on 6/03/09, 6:51 pm


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