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Could Neighborly Concern Mean a Prowling Charge in California?

You're just about to go to sleep when you hear a dog barking. It sounds strangled and frantic, so you go outside to investigate. You cut across a neighbor's yard to find his dog barking at the top of his lungs, and the screen door has been left open.

When the police arrive, you tell them what happened-but your neighbor doesn't believe you just "happened" to be walking by. He wants to press charges. And just like that, you have been arrested, not because you committed a crime, but because you could have if the opportunity presented itself.

Prowling is an offense that falls under the laws of disorderly conduct. Since it is a misdemeanor offense, you could be facing up to 6 months in jail and $1,000 in fines if convicted.

To be charged with prowling in Ventura, you must be guilty of one of the following:

• Loitering or wandering onto the private property of another
• Having no lawful business with the owner or occupant
• Peeking into the doors or windows of an inhabited building
• Peering into a hole or opening to see inside a room or structure
• Using a camera or other recording device to take pictures of a private building's occupants
• Penalties for prowling range, depending on the intent of the offense. For example, if you are found guilty of window-peeping for sexual gratification, you may be charged with sex crime enhancements. However, if you are believed to have been casing a property for future burglary, you could be facing further charges of conspiracy.

As experienced Ventura criminal defense attorneys, we know that many states have special laws concerning prowling charges in order to let the suspect explain his actions. Police officers should always inquire about your reasons for being on someone else's property before charging you with prowling. If your reasons were true, and you had no malicious intentions, it is unlikely that a court will convict you.

At Bamieh & Erickson, we work to defend people facing unfair or unreasonable charges in Ventura. If you are facing conviction, we fight for the minimal possible sentencing and work to get your criminal record cleared. If you have been charged with a misdemeanor in Ventura County, call Bamieh & Erickson at (805) 643-5555 to start your free consultation.

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