Robbery is defined as the Felonious taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear. California Penal Code Section 211. The punishment for robbery can exposes an individual from 2 to 9 ye...
California's Health and Safety code makes it illegal to possess or cultivate of marijuana in sections 11357 and 11358 respectively. However, over the past 20 years, access to marijuana for medical purposes has become increasingly legal through the compassionate use act, the medical marijuana prog...
Another enhancement that is codified in PC 12022 regulates the use of armor piercing ammunition during the commission of a crime. Being found guilty of this enhancement crime could result in up to 10 additional years in prison. In order for this enhancement to be alleged, there must first be fact...
The California law has codified in the penal code certain crimes known as “enhancements.” These crimes punish conduct that accompanies or occurs after a primary offense. For example, let's say that a defendant was caught during the commission or attempted commission of a felony (the primary offen...
California Penal Code section 182 makes it a crime to even "Conspire" to commit a crime. Thus, even if you didn't actually commit the underlying offense, you can still be convicted of conspiring to commit it. To be convicted under Penal Code 182, the district attorney must prove that one or more ...
California law makes it illegal to possess and carry certain types of knives. Many are confused as to what types of knives are legal, and which types are illegal. For purposes of this blog we will seek to shed some light as to what constitutes legal carry of knives. Per the penal code there are m...
On Nov. 29 2012, Lindsay Lohan had a complaint filed against her in the Los Angeles County Superior Court. According to the LA County Public Relations Department, Lindsay Lohan was charged with violations of Penal Code (PC) section 148(a), Vehicle Code (VC) Section 31, and VC Section 23103. The f...
For first time offenders, you could be facing a minimum of 96 hours to a maximum of 6 months in jail. Your driver's license will be suspended for 6 months. For second time offenders you will be facing 90 days to 1 year in jail with a 2 year license suspension. The third offense subjects you to 12...
California Penal Code Section 69 makes it a crime to resist or deter an officer by means of any threat or violence. This means that anyone who makes threats to an officer that were made to deter the officer from performing his duties has committed a PC 69 violation. In addition, any individual wh...
There is often some confusion as to when it is permissible for police to tow an individual's vehicle and perform a an inventory search. The reason for this confusion is that the California Vehicle Code gives the police very broad authority and discretion while case law severely limits police auth...
On november 6th, 2012 the people of the State of Californian voted on and approved Proposition 36. Proposition 36 changed California's three strikes law to a more fair and reasonable sentencing structure. Previously, California's three strikes law authorized the imposition of a 25 to life term fo...
For any criminal case to be filed against you, there must be an arraignment on the charges. An arraignment will probably one of the very first court appearance you will make. The purpose for an arraignment is to inform the individual accused of a public offense the nature of the charge(s). You wi...
In California, certain crimes can only occur under certain circumstances. The crime of “looting” is one of them. This is when a crime involving theft or burglary occurs “during and within an affected county in a ‘state of emergency' or a ‘local emergency' resulting from an earthquake, fire, flood...
Most felonies carry a range of sentences that may be imposed upon the defendant. For example, a defendant found guilty of an assault with force likely to produce great bodily injury (Penal Code section 245(a)(4)) can be punished with probation or up to 4 years in state prison. The type of sentenc...
The california penal code codifies burglary in PC 459. This section lays out the elements of the crime of burglary as “every person who enters any house, room, apartment... with the intent to commit grand or petit larceny or any felony is guilty of burglary.” Additionally, the statute also includ...
California law makes it a very serious offense to have “lewd or lascivious acts” with a minor who is under the age of 14. California Penal Code Section 288(a) holds that anyone who willfully and lewdly commits any lewd or lascivious act with the body or member of a child with the intent of arousi...
California Penal Code 245(a)(1) defines assault with a deadly weapon other than a firearm as an “assault upon the person of another with a deadly weapon or instrument other than a firearm.” This means that California can classify almost anything as a deadly weapon. Additionally, if convicted of t...
Previously we discussed the serious consequences of possession, sales and transportation of Methamphetamine. As harsh as these drug charges are, the California Penal Code provides even harsher sentences if certain circumstances are met. Under the California Penal Code section 12022(c), an additio...
Under Penal Code 1118.1 the defense counsel will make a motion for judgement of acquittal.The Court will consider the motion and will grant it if the prosecution has failed to substantiate any element of the charged crime. Penal Code 1118.1 “In a case tried before a jury, the court on motion of t...
California defines spousal abuse as the willful infliction of “corporal injury” on a spouse, former spouse, cohabitant, or parent of the defendant's child. For a conviction of this type of domestic violence the prosecution must show that the defendant willfully inflicted “corporal injury on a vic...
California Health and Safety Code Section 11377 makes it a crime to possess Methamphetamine. To be found guilty of this crime, the District Attorney must prove that you possessed or had under you control a controlled substance, that you knew or should have known of it's presence, that you knew of...
he three strikes law in California in a sentencing enhancement that can result in a life sentence depending on the defendant's criminal history. Certain felonies are considered “strikes.” These strikes are felonies that are considered either violent or serious. Some charges that are considered st...
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We focus on defending clients accused of Domestic Violence and Driving Under the Influence (DUI), two of the most aggressively prosecuted charges in California. Every case starts with listening. We take the time to understand your situation, your concerns, and your goals so we can build a defense strategy tailored specifically to you. If you are under investigation or have already been charged, do not wait. Early action can make a critical difference in your case. Contact us today for a confidential consultation.
