California Blog

Assault vs Battery – What is the Difference?

Posted on November 24, 2020 | Category: Assault

Assault and battery are related but distinct crimes. An assault is when a person commits an act that puts a “victim” in reasonable apprehension of harmful or offensive contact. Battery, on the other hand, is when someone commits an act that actually inflicts harmful or offensive contact on the victim. Both assault and battery are …

Is There a Vehicle Code Section for Falling Asleep While Driving?

Posted on November 24, 2020 | Category: Car Accidents

No jurisdiction in the United States has a vehicle code section for falling asleep while driving. However, if a person falls asleep while driving, and causes an injury or death in doing so, he/she could be charged under a state law on reckless driving or vehicular manslaughter. Falling asleep while driving is often referred to …

What is the Difference Between Open Container and DUI?

Posted on November 24, 2020 | Category: DUI

Open container laws in most jurisdictions make it illegal for a person to have an open container of alcohol in the passenger compartment of a car. DUI laws, on the other hand, make it a crime for a person to either drive under the influence of alcohol, or drive with a BAC of .08% or …

Attempted Extortion – Is There Such a Crime?

Posted on November 24, 2020 | Category: Extortion

Attempted extortion is a crime in the United States. A person commits the offense by attempting to use force or threats to obtain money or property from another person, even though the other person does not comply with the demand. In most jurisdictions, a prosecutor can charge this crime as either a misdemeanor or a …

Is it illegal to grow peyote in California?

Posted on November 16, 2020 | Category: Criminal Defense

California Health and Safety Code 11363 HSC is the California statute that makes it a crime for a person to grow or cultivate peyote. This statute also makes it a crime for a person to: plant, harvest, dry, or process peyote. A violation of HSC 11363 is a type of wobbler offense in California. This …

Red Flags that a Teacher may be Engaging in Sexual Misconduct with a Student

Posted on November 15, 2020 | Category: Sexual Harassment

There are four main signs that a teacher may be engaging in sexual misconduct with a student. These are that the student: shows hesitation with wanting to go to school, has difficulty in class, experiences health problems, and hints at misconduct. Under California law, a teacher that engages in misconduct with a student could be …

The Difference Between Criminal and Civil “Invasion of Privacy” in California

Posted on November 15, 2020 | Category: Criminal Defense

California has both criminal and civil invasion of privacy laws. The civil laws include “false light” claims and cases involving the public disclosure of private facts. The laws are similar in that a person performs an act that invades the privacy of another. While the specific acts in criminal and civil cases differ – in …

What Charges Can I Face If My Child Finds a Gun in the House?

Posted on November 15, 2020 | Category: Gun Laws

If you possess a firearm in California and a child gets a hold of it in your home, you can face a number of criminal charges. This is true even if you legally possess the firearm. Sadly, there are stories in the news almost every week in which a child manages to find a gun …

What is the difference between a protective order and a restraining order?

Posted on November 12, 2020 | Category: Laws

Under the law in most states, there is no difference between a protective order and a restraining order. The two terms are used interchangeably. Both are described as a court order that is designed to protect a person from: harassment, physical abuse, stalking, or threats by another person – that is specifically named in the …

Does Violating a Restraining Order Stay on Your Record?

Posted on November 12, 2020 | Category: Laws

Violating a restraining order does stay on a person’s record in California. Penal Code 273.6 PC is the California statute that makes it a crime for a person to violate the terms or conditions of a restraining order. A violation of this statute can be charged as either a misdemeanor or a felony, depending on the …

Is there a statute of limitations for a probation violation in California?

Posted on November 12, 2020 | Category: Criminal Defense

There is a statute of limitations for a probation violation in California. The statute of limitations expires the moment when a party’s probation period ends. This means that a probation violation cannot be charged if it gets discovered after a person’s probation period is no longer active. Note that a probation violation occurs once a …

What is the statute of limitations for theft in California?

Posted on November 7, 2020 | Category: Theft

The statute of limitations (“SOL”) for most California theft charges is one year if the charge is filed as a misdemeanor or three years if the charge is filed as a felony. Under California criminal law, the SOL refers to the maximum time period in which a prosecutor can file criminal charges. Most California misdemeanors …

What is the difference between residential and commercial burglary in California?

Posted on November 4, 2020 | Category: Burglary

Burglary in California is divided into first degree, or residential burglary, and second degree, or commercial burglary. See Penal Code 460. Burglary is committed when someone unlawfully enters a specified structure with the intent to commit theft or a felony. Residential (first degree) burglary is burglary of: an inhabited dwelling house, an inhabited vessel, floating home, or trailer …

What is a Zip Gun and is it Illegal in California? (Penal Code 33600 PC)

Posted on November 1, 2020 | Category: Gun Laws

A zip gun is essentially a cheap makeshift gun. Persons make them using supplies from around their home or found at a local hardware store. Zip guns are sometimes a weapon of choice among criminals because they’re relatively untraceable and can be thrown out after a single shot. The term “zip” is used because a …

What is the difference between a felony & a misdemeanor in California?

Posted on October 24, 2020 | Category: Felony

Felonies and misdemeanors are two classes of crimes under California law. Misdemeanors are less serious crimes for which the maximum sentence is not more than one year in jail. Felonies are more serious crimes for which the potential punishment is more than one year in custody. Misdemeanor fines are capped at $1000.00, whereas felony fines …

What happens at a misdemeanor pretrial hearing?

Posted on October 24, 2020 | Category: Misdemeanor

A pretrial hearing is a formal court hearing that takes place after the arraignment. Most misdemeanor cases will have several pretrial hearings. These hearings give an accused the opportunity to: deal with issues like illegal searches, address speedy trial rights, conduct defense investigation, obtain, test, and evaluate evidence, engage in plea bargaining. There are various motions that can …

Is California a “Stand Your Ground” State?

Posted on October 21, 2020 | Category: Laws

Under California self-defense laws, you have the right to “stand your ground” and protect yourself without retreating under certain circumstances. There is no state law statute that authorizes this right that there is no duty to retreat. Instead, case law and jury instructions recognize the right of a person to use force in self-defense without …

What happened to Penal Code 288a?

Posted on October 15, 2020 | Category: Uncategorized

Hand holding rubber stamp that says legislation

On January 1, 2019, California Penal Code 288a PC – which prohibits oral copulation with a minor – was renumbered to PC 287 in order to comply with California Senate Bill 1494. The law itself has not changed, and the penalties remain the same. Presumably, lawmakers pressed for the renumbering because people were confusing PC …

What is the Average Jail Sentence for DUI Manslaughter in California?

Posted on October 14, 2020 | Category: DUI

A DUI manslaughter charge potentially carries 1 to 10 years. If you accidentally kill someone while you are DUI in California, you are probably bracing yourself for serious criminal charges and a long jail sentence. But in fact California laws on “vehicular manslaughter while intoxicated” (DUI manslaughter) provide for a wide range of potential sentences …

What is the Punishment for Insurance Fraud?

Posted on October 14, 2020 | Category: Fraud

The punishment for California insurance fraud can range from probation to five years in prison, as well as fines, community service, and restitution. Insurance fraud charges are usually the result of either making a fraudulent insurance claim or from destruction of insured property. A Fraudulent Insurance Claim under California Penal Code 550 occurs when: a …

What does it mean for a case to be “dismissed without prejudice”?

Posted on October 9, 2020 | Category: Litigation

Dismissal without prejudice means a situation in which a is dismissed, but the petitioner is not necessarily precluded from later refiling it. This can occur in a criminal case and criminal procedures, though it is more common for civil cases to be dismissed without prejudice. Plaintiffs who have had their case dismissed without prejudice can …

What Is the “Last Clear Chance” Doctrine?

Posted on October 9, 2020 | Category: Personal Injury

The “last clear chance” doctrine is a legal rule that says: in personal injury cases, in which both the plaintiff and defendant were responsible for causing an injury/accident, the plaintiff can still recover damages from the defendant, if the defendant had a chance to avoid injuring the plaintiff in the final moments before the accident. …

How long does a DUI stay on your driving record in California?

Posted on October 9, 2020 | Category: DUI

Much like the majority of states in the nation, driving under the influence (“DUI”) of drugs and/or alcohol is a serious crime in California. One of the major concerns for motorists facing a DUI conviction is how this incident will affect their life, and most importantly, for how long. If convicted, the incident will go on two types of …

What does “domestic battery” mean?

Posted on October 9, 2020 | Category: Domestic Violence

The legal definition of domestic battery is (1) any willful and unlawful touching, (2) that is harmful or offensive and (3) is committed against an intimate partner. Examples of this kind of domestic violence include: Lisa pushes her boyfriend during a fight. Marcos, feeling frustrated with his ex-wife, grabs her shirt and rips it. Candice is …

What is an arraignment?

Posted on September 26, 2020 | Category: Criminal Defense

An arraignment is a formal hearing in a criminal case where defendants are advised of the charges that have been filed against them. An accused is also advised that he or she has certain legal and constitutional rights. Finally, the judge asks the accused how he or she would like to plead. If an attorney …

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