Posted on March 11, 2017
Orange County Unlicensed Contractor Defense Attorney
California has strict laws in place to punish those conducting contracting work without a license. In fact, knowledge that you do not have a license or that it was suspended without your knowledge is irrelevant. Consequently, the unlicensed contractors must payback all the money received for the contracting work regardless of the works quality or satisfaction of the client.
In a criminal context, a person undertaking the responsibilities as a contractor may be charged with a misdemeanor under Business and Professions Code 7028. Consequently, a criminal filing may adversely affect your ability to eventually obtain or maintain a professional license.
Among several scenarios, the statute makes it a crime for someone to do any of the following without having a valid contractor’s license:
- Submit a bid
- Advertise as a Contractor
- Use the License Number of another Contractor
- Entering into a Contract for Contracting work
- Conducting Contracting Work
- Holding yourself out as a Contractor
Incredibly, the penalties if convicted are more severe than most crimes in Orange County. A conviction is punishable by up to six (6) months in the county jail. A second conviction mandates a minimum ninety (90) jail sentence and up to one (1) year in the county jail. A third conviction carries the same sentence as a second offender. Furthermore, the court must impose a fine amount of $5,000 or 20% of the contract price.
As part of a sentence, the court may impose a restitution amount. Consequently, the court will order you to repay all the money you received for the contracting work regardless of whether the purported victim had knowledge that you were unlicensed.
Contact Us to Schedule a Free Case Evaluation
If you have been cited or arrested for contracting without a license under BPC 7028 in Orange County, then contact an experienced and respected Orange County criminal defense attorney at the Law Offices of John D. Rogers to schedule a free confidential case evaluation.