Yesterday, while on proactive patrol, the Homeless Task Force spotted a man tagging under a railroad overpass, according to the Huntington Beach Police Department.
Police officers quickly detained the man for trespassing and vandalism and discovered not only was he on parole, but he was also in possession of drug paraphernalia and suspected methamphetamine.
The suspect was transported to the HBPD jail, and his tagging days are officially on pause.
Here’s what penalties the suspect in Huntington Beach is likely facing under California law:
Trespassing (Penal Code §602)
- Usually charged as a misdemeanor.
- Penalty:
- Up to 6 months in county jail.
- Fine up to $1,000.
- If aggravated (e.g., threats involved), it can become a felony with 16 months, 2 years, or 3 years in prison and fines up to $10,000.
Vandalism (Penal Code §594)
- If damage is under $400, it’s a misdemeanor:
- Up to 1 year in county jail.
- Fine up to $1,000.
- If damage is $400 or more, it’s a wobbler (can be misdemeanor or felony):
- Felony: Up to 3 years in state prison and fines up to $10,000.
Possession of Methamphetamine (Health & Safety Code §11377)
- Simple possession (personal use):
- Usually a misdemeanor under Prop 47.
- Up to 1 year in county jail and/or $1,000 fine.
- Can be a felony if:
- Prior serious/violent felony conviction.
- Registered sex offender.
- Intent to sell (different statute: §11378).
Parole Violation
- Committing new crimes and drug possession are serious violations.
- Outcome after hearing:
- Parole can be revoked, sending him back to state prison for up to 1 year.
- Conditions may become stricter if parole is reinstated.
Likely Combined Impact
- Multiple misdemeanors plus a parole violation almost guarantees custody time.
- If vandalism damage is high or meth possession is tied to intent to sell, felony charges are possible.
- Expect revocation of parole and return to prison, even if new charges are resolved through plea deals.