In an era dominated by smartphones and surveillance, even an innocent misstep can spiral into allegations of wrongdoing.
For those accused of invasion of privacy, California legal stakes are incredibly high. These accusations can lead to devastating personal, professional, and legal consequences. But accusations are not convictions, and everyone deserves a robust defense that protects their rights and has their voices heard.
At The Law Offices of Kerry L. Armstrong, APLC, we understand the fear and uncertainty of these charges.
With over 100 cases tried to jury and a team committed to compassion and advocacy, we stand by our clients every step of the way. Let us unravel the complexities of criminal invasion of privacy together—and empower you with the knowledge you need to fight back.
What Is Considered Criminal Invasion of Privacy in California?
Under California Penal Code §647j, criminal invasion of privacy in California encompasses specific actions involving unlawful surveillance or recording of individuals in situations where they reasonably expect privacy. This statute addresses scenarios such as secretly recording someone in a changing room, bathroom, or bedroom—all without their consent.
For defendants, it is important to note that the heart of the law rests on intent and the expectation of privacy. Many cases hinge on misunderstandings or technicalities, which can be challenged with the right defense strategy. California courts treat violations of this nature seriously, but with skilled legal representation, you can contest the allegations and protect your future.
What Are the Penalties Under Penal Code Section 647j PC?
A conviction under Penal Code section 647j can result in significant legal and personal repercussions. Depending on the circumstances, the offense may be charged as a misdemeanor or felony.
For misdemeanor charges, individuals could face up to six months in county jail and fines of up to $1,000. Felony charges—often reserved for repeat offenses or cases involving minors—carry heavier penalties, including up to three years in state prison and steeper fines.
Additionally, a conviction could lead to the judge ordering you to register as a sex offender, an outcome that can irrevocably alter someone’s life. Being labeled an offender carries a societal stigma, impacting employment, housing, and personal relationships. However, with an experienced defense attorney, you may be able to mitigate or avoid these harsh consequences.
Understanding Invasion of Privacy Jail Time
Judges often assess the intent behind the act and the extent of harm caused to the victim when determining sentences. Invasion of privacy jail time varies based on several factors, including:
- The nature of the incident,
- Prior convictions, and
- Whether minors were involved.
For example, a first-time offender charged with misdemeanor invasion of privacy might serve minimal jail time, particularly if they demonstrate genuine remorse and a willingness to engage in rehabilitative measures.
However, cases involving exploitation, minors, or repeated offenses can lead to lengthy prison terms. An experienced criminal defense attorney can effectively communicate your side of the story, potentially reducing jail time or avoiding incarceration altogether.
How Do California Laws Define “Reasonable Expectation of Privacy”?
One cornerstone of invasion of privacy laws California upholds is the “reasonable expectation of privacy” standard. This concept hinges on whether an individual reasonably expects their actions or body to remain unseen or unheard in a particular setting.
For defendants, this standard can be a crucial point of contention. For instance, someone in their home or a private office generally holds such an expectation.
However, activities conducted in public spaces—where anyone could observe—do not carry the same legal protections. The law also recognizes certain private areas within public spaces, such as dressing rooms or public bathrooms, where privacy is presumed.
Violating this expectation through surveillance or recording constitutes a breach of personal boundaries and a violation of California’s strict privacy laws. A skilled attorney can challenge whether the setting genuinely constituted a private space, undermining the prosecution’s case.
Are There Defenses Against Invasion of Privacy Charges?
Being charged with criminal invasion of privacy does not automatically equate to guilt. Defense attorneys can employ several defense strategies to challenge the allegations, including:
- Lack of intent. Proving the accused had no intention of violating privacy can be a strong defense. Accidental recordings or misunderstandings regarding consent may apply here.
- Consent. If the alleged victim consented to the recording or surveillance, it undermines the prosecution’s case.
- No reasonable privacy expectation. The defense may argue that the setting or circumstances did not constitute a reasonable expectation of privacy.
- Illegal search or seizure. Evidence obtained unlawfully by law enforcement cannot be used in court, potentially weakening the prosecution’s case.
Each case is unique, and an experienced attorney can craft a defense strategy tailored to the situation’s specifics. At The Law Offices of Kerry L. Armstrong, APLC, we are adept at identifying weaknesses in the prosecution’s case and fiercely advocating for our clients.
If You Have Been Accused of Invasion of Privacy, We Will Fight for You
Facing criminal invasion of privacy allegations can be overwhelming, but you do not have to navigate them alone. At The Law Offices of Kerry L. Armstrong, APLC, we believe in second chances and are committed to guiding you through every step of your legal journey. From explaining invasion of privacy laws to fiercely defending your rights in court, we will work to safeguard your future and reputation.
Our firm stands apart for its exceptional criminal defense expertise. Kerry L. Armstrong holds a rare criminal law specialization certificate and has earned prestigious distinctions, including Best Lawyer® 2024, Super Lawyers Top 50, and the Martindale-Hubbell AV Preeminent Award. Additionally, senior associate Jacob H. Katz has been recognized as a Lawyer of Distinction for 2023. These accolades demonstrate our unwavering commitment to excellence and give clients the confidence they need in their defense.
Schedule a free consultation today. Let’s work together to protect your rights and rebuild your life. Contact us now to start your defense—because everyone deserves the chance to share their story.
Where to find our San Diego office
Kerry L. Armstrong
Rate this Post
Loading...