Posted on October 5, 2019

California “Fraudulent Use of Contractor’s License” Law – BP 7027.3

In California, business & professions code 7027.3 BP makes it unlawful for someone to willfully, with the intent to defraud, the contractor’s license number of another.[1] This offense can be alternatively charged, allowing the prosecutor to charge you with either a felony or misdemeanor. It is not uncommon for someone to also be charged with grand theft, burglary, or unlicensed contractor in connection with this offense.

BP 7027.3 carries significant penalties if convicted. A misdemeanor conviction carries up to 1 year in the county jail. However, a felony conviction carries a sentencing range of 16 months, 2, or 3 years in state prison. In addition, the court may impose a fine up to $10,000 and order victim restitution.

It is a specific intent crime – i.e., specific intent to defraud another. Accordingly, if you a harbored an innocent state of mind, then it can be a defense. For instance, you acted by mistake, accident, you had no intent to defraud another, or your acts were not done willfully.

Contact Us to Schedule a Free Consultation

If you have been charged or are under investigation for fraudulent use of a contractor’s license number under section 7027.3, then contact the Law Offices of John D. Rogers to schedule a free consultation with an experienced Orange County criminal defense attorney.

 

Footnotes:

[1] Business and Professions Code 7027.3 (“Any person, licensed or unlicensed, who willfully and intentionally uses, with intent to defraud, a contractor’s license number that does not correspond to the number on a currently valid contractor’s license held by that person, is punishable by a fine not exceeding ten thousand dollars ($10,000), or by imprisonment in state prison, or in county jail for not more than one year, or by both that fine and imprisonment. The penalty provided by this section is cumulative to the penalties available under all other laws of this state. If, upon investigation, the registrar has probable cause to believe that an unlicensed individual is in violation of this section, the registrar may issue a citation pursuant to Section 7028.7.”)

 

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