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What is domestic violence crimes that I can be charged with and what are some common defences? Battery on spouse or cohabitant, PC 243(e)(1) The prosecution must prove beyond a reasonable doubt two things: That the defendant committed a battery on a victim. (A batter in an unlawful touching wi...

There are three types of Burglary: First degree, Second Degree, and Grant Theft Auto. First Degree Burglary which is entering into an occupied home with the intent to commit a felony. A home that people live is an occupied residence even if they are not home at the time. If people are present whe...

What is attempted Murder? The prosecution must prove that the defendant took some action towards killing another person AND The defendants's act was intended to kill a person Attempted murder requires a direct action "A 'direct step' requires more than simple planning, preparing, or arranging ...

What is Bail? Under the United States Constitution, and under the California Penal Code, a defendants has a right to reasonable bail for most offenses. Bail is the monetary amount the defendant must pay before he can be released from custody while a criminal prosecution is pending. It basically ...

Health And Safety Code Section 11550 makes it illegal for someone in California to be under the influence of a controlled substance. The elements to this crime are: Defendant willfully used a controlled substance. Defendant was under the influence of the controlled substance. The Health A...

California Penal Code section 415(1) is commonly referred to as disturbing the peace. It makes it a crime to fight, or challenge someone to fight in a public place. To be convicted of this crime, the district attorney must prove all of the following elements. You willfully and unlawfully fough...

Health and Safety Code 11359 makes it illegal for anyone in California to possess marijuana for the purpose of sales. The elements of this crime are laid out by the statute as: Defendant exercised control over marijuana. Defendant knew of its presence. Defendant knew that the substance was...

Penal Code 273.5(a) - Spousal Battery PC 273.5 (a) outlines the elements for the crime of corporal injury to spouse or cohabitant (spousal battery). This crime is made of of three elements: Defendant willfully inflicted corporal (physical) injury on the victim. The Victim was the defendant...

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...