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What Happens if I Shoot Someone with a BB Gun in California?

Posted by Neil Shouse | Jan 16, 2019 | 0 Comments

It is a crime in California if a person intentionally shoots a BB gun at another person, per California’s assault and battery laws. This holds true even if a person shoots at someone else and misses. Depending on the specific facts involved in the shooting, the shooter could be charged with: battery, per California Penal Code 242 PC, assault, per California Penal Code 240 PC, or assault with a deadly weapon, per California Penal Code 245(a)(1) The penalties for these offenses can include both extensive jail time and substantial fines.

How can I check if I have warrants in Las Vegas?

Posted by Neil Shouse | Jan 15, 2019 | 0 Comments

It is possible to check for warrants online or by phone. To check for warrants by phone, it is recommended that the person hire an attorney to check. People with active warrants do not want to risk calling to see if they have a warrant and then having their location tracked. 

Is Colorado a "stand your ground" state?

Posted by Neil Shouse | Jan 14, 2019 | 0 Comments

Yes, under certain circumstances. Colorado law allows people to employ physical force to defend themselves (or others) when either: 1) The victim reasonably believes someone is using, or is about to use, illegal physical force against him/her or another, or 2) Someone has illegally entered the victim's dwelling, and the victim reasonably believes that the intruder has committed, or is about to commit, an offense and may use physical force (no matter how little) on any occupant.

Does a DUI Disqualify a Person from Global Entry?

Posted by Neil Shouse | Jan 13, 2019 | 0 Comments

If a person is arrested or convicted of driving under the influence (DUI), one result is that he/she could be disqualified from global entry into United States airports. Global entry is a program of the U.S. Customs and Border Protection service (“CBP”). It allows certain travelers to receive expedited clearance once they arrive into certain U.S. airports. A DUI arrest and a DUI conviction show up on a person’s criminal record. Once personnel from CBP view this information on a person’s record, they may use it as grounds to disqualify a person from the global entry program. This may even be the case if a person has a DUI conviction expunged, or dismissed.

AB 1968 Creates Lifetime Gun Ban for Some Afflicted with a Mental Health Disorder

Posted by Neil Shouse | Jan 04, 2019 | 0 Comments

Assembly Bill 1968 was signed into law by Gov. Brown in September 2018. The bill establishes a lifetime ban on gun ownership for those persons who are: involuntarily admitted to a facility for a mental health disorder more than once in a year; and, are considered a danger to themselves or others. Please note, though, that persons subject to this ban can petition the court every five years to have the ownership ban reversed. AB 1968 marks a change in California law. Prior to the bill, persons involuntarily committed to a mental health facility, and deemed a danger to themselves or others, could potentially own a gun after five years from the date of release from the facility.

What Does Resisting, Delaying or Obstructing an Officer Mean?

Posted by Neil Shouse | Jan 02, 2019 | 0 Comments

California Penal Code 148(a)(1) PC is the California statute that defines the crime of “resisting arrest.” According to this statute, it is a crime for a person to resist, delay, or obstruct a California law enforcement officer or emergency medical technician (EMT) while he is performing, or attempting to perform, his official duties. Examples of Penal Code 148(a)(1) violations include: a man fights off a police officer whom is trying to put handcuffs on him. a woman gives police officers a false name when the officers are questioning her about committing a crime. a motorist purposely drives slowly in front of an EMT vehicle that has its sirens on and is racing towards the scene of an accident. A person guilty of resisting arrest, or delaying or obstructing an officer, is charged with a misdemeanor. The penalties for the offense include: imprisonment in the county jail for up to one year; and/or, a maximum fine of $1,000.

Can a felon own a pellet gun in Colorado?

Posted by Neil Shouse | Jan 02, 2019 | 0 Comments

No. Under Colorado Revised Statutes 18-12-108 C.R.S., convicted felons in Colorado are prohibited from knowingly possessing firearms or weapons, including pellet guns. This law is abbreviated POWPO for possession of a weapon by a previous offender.

How long is a DWAI on your record in Colorado?

Posted by Neil Shouse | Jan 01, 2019 | 0 Comments

DWAI convictions in Colorado remain on the defendant's criminal record forever. There is no way to seal or expunge DWAI (or DUI) convictions of people prosecuted in Colorado criminal court. The only exceptions involve underage drinking and driving (UDD) convictions and juvenile court.

Can Someone in California Get Arrested for a Crime After the Statute of Limitations has Expired?

Posted by Neil Shouse | Dec 29, 2018 | 0 Comments

The statute of limitations (“SOL”) refers to the time period within which a prosecutor in California must file criminal charges. If charges get filed after the statute of limitations period expires, then depending on the crime, a person cannot be lawfully arrested or charged for that offense. The SOL time-clock typically begins to run when an offense is discovered. Crimes in California have different statute of limitation periods. The SOL for an offense generally changes with the severity of the crime. For example: California misdemeanors typically have a statute of limitations of one year; and, California felonies (more severe offenses) generally have a SOL of three years. Some criminal offenses though, like crimes punishable by death, are not subject to limitation periods. People accused, or guilty of these crimes, can be charged or arrested at any time. One example of these offenses is a crime that is punishable by death (i.e., murder).

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