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Invasion of Privacy Lawyer in Orange County

If you have been charged with Invasion of Privacy in Orange County, you should contact The Atias Law Group, a criminal defense law firm in Orange County.  Invasion of Privacy is usually considered the secret videotaping of another without his or her consent.  However, Invasion of Privacy can take on many different forms.  In fact, there are three separate offenses covered by the Invasion of Privacy statute. The relevant portion of the law that is applicable to Invasion of Privacy in Orange County is summarized below. However, the full text of the Invasion of Privacy laws in Orange County can be found in California Penal Code Sections 647(j), 647(j)(2) and 647(j)(3). To prove that the defendant is guilty of Invasion of Privacy, the Prosecutor must prove that:
  • The defendant peeked through a hole or opening into an area someone is occupying in which a reasonable expectation of privacy exists
  • The defendant did so by using an instrument
  • And the defendant did this with the intent to invade the privacy of the person inside
Invasion of Privacy can also be proven by showing
  • The defendant used a video device to secretly videotape, film or record another identifiable person under or through the other person’s clothing for the purpose of viewing the body or undergarments of that other person
  • Without the consent or knowledge of the other person
  • With the intent of sexual arousal or invasion of privacy
Yet a third way Invasion of Privacy can be proven is by showing
  • The defendant used a used a video device to secretly videotape, film or record another identifiable person under or through the other person’s clothing for the purpose of viewing the body or undergarments of that other person
  • Without the consent or knowledge of the other person
  • In the interior area of either the bedroom, bathroom, changing room, fitting room, dressing room, tanning booth or any other area in which a person has a reasonable expectation of privacy
  • With the intent to invade the privacy of the other person
The Invasion of Privacy laws in Orange County can be confusing to a defendant charged with that crime. At The Atias Law Group, 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.

Penalties for Invasion of Privacy in Orange County

Invasion of Privacy is generally a misdemeanor punishable by up to six months in county jail and a fine of up to $1,000.00.  When dealing with a second offense for Invasion of Privacy or a victim that was a minor at the time, the penalties increase to one year in county jail and a fine of up to $2,000.00.  As detailed below, The Atias Law Group will assist with getting your case reduced to a lower crime or your case dismissed altogether.

Defenses to Invasion of Privacy in Orange County

Our team of criminal defense attorneys know the defenses that may help get your Invasion of Privacy charges reduced or dismissed. There are a number of defenses to Invasion of Privacy in Orange County, however the applicability of those defenses depends on the facts of your case.  For instance, you may have inadvertently photographed another thereby having a valid accident defense. In addition, there is no criminal liability where there was no intent to invade another person’s privacy or where the other person consented to being photographed.  Other defenses include that the alleged victim had no reasonable expectation of privacy or that the alleged victim knew that he or she was being watched.

Reduced Charges to Misdemeanor Invasion of Privacy in Orange County

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

Invasion of Privacy Prior Convictions in Orange County

If you have prior convictions for Invasion of Privacy, then you may face increased penalties in your current Invasion of Privacy case. The Atias Law Group aggressively challenges any prior convictions. For instance, if your prior Invasion of Privacy 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 Invasion of Privacy penalties. Contact The Atias Law Group 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.

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DUI Lawyers Orange County
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Santa Ana, CA 92705
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