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Yes. Under Penal Code 198.5 PC, California law follows the legal maxim known as Castle doctrine. This means there is no duty to retreat if a resident confronts an intruder inside hir or her own home. Residents are permitted to use force against intruders who break into their homes, or who try to force their way …
The basic definition of burglary is the same in California and Nevada: entering a structure or vehicle intending to commit certain crimes once inside. In Penal Code 459 PC, California burglary law draws a distinction between first-degree residential burglary, and second-degree commercial burglary. Burglarizing a home can land someone in California Prison for six years, …
In most cases, merely owning a counterfeit law enforcement badge – or other counterfeit law enforcement identification, such as certificates and insignias – is not a crime. But be careful. Using a fake police badge in certain ways could lead to charges of impersonating a police officer under California Penal Code 538d. This misdemeanor crime …
In California, you can be convicted of aiding and abetting anytime you encourage, facilitate or aid another person in the commission of a crime regardless of how insignificant your role. But aiding and abetting is not a crime unto itself. When the prosecutor believes that you are guilty of aiding and abetting a crime, he/she …
Restraining orders are issued when someone petitions a California court to restrain the behavior of another for safety and security reasons. Restraining orders can be issued on an emergency, temporary or permanent basis. Permanent restraining orders can be issued for up to one to five years, so it is wise for defendants to consult with …
If you are charged with and convicted of rape in Sacramento County, you could be looking at a lifetime of serious consequences that go far beyond just prison time. Rape, as one would expect, is treated as one of the most serious crimes under California law and crimes involving rape and sexual assault are vigorously …
Knowing what to expect after an arrest in San Bernardino County can help make the criminal legal process a little easier. Here is what happens after you have been arrested. Once you have been arrested, you will be taken to the police station to be fingerprinted and photographed. You have a right to remain silent, …
You have the right to a speedy trial in your criminal case under both the Sixth Amendment to the U.S. Constitution and Article I, Section 15, of the California Constitution. If this right is violated, you and your attorney can file a Serna motion (aka a speedy trial motion) asking the judge to dismiss the charges. …
Most cases of driving under the influence in California are prosecuted as misdemeanors. However, if you suffer your fourth or subsequent DUI within a ten-year period or injure another person as the result of driving under the influence, then the prosecutor has the discretion to charge the offense as either a misdemeanor or a felony. …
Getting a DUI is an unpleasant experience, to say the least. Most people think that if they have been cited for a DUI, they are basically doomed. This is not always the case. There are many factors that can affect a DUI charge. With the help of qualified legal counsel, it is possible to sometimes …
Many fights can lead to California battery charges. However, if you face such charges after getting into a fight with an off-duty cop who was acting as a security guard, or with many other kinds of public workers or employees, the consequences of a conviction can be more severe. Most battery charges filed under California Penal …
An example of a wallet gun California Penal Code 17330 PC holds that a “wallet gun” is any firearm mounted or enclosed in a case. Penal Code 24710 is the specific code section that makes these devices illegal. The case for these guns typically resembles a wallet, thus the name. A person can fire a wallet …
Under California Penal Code 24310, the following acts are illegal in California when it comes to camouflaging firearm containers: Manufacture, Import into the State of California, Keep for sale, Offer for sale, Give, Lend, and/or Possess A camouflaging firearm container is an object that holds a gun, but nonetheless, does not look like it contains …
Under California Penal Code 24610 PC, the following acts are illegal in California when it comes to undetectable firearms: Manufacture, Import into the State of California, Keep for sale, Offer for sale, Give, Lend, and/or Possess Undetectable firearms are also referred to as plastic guns or ceramic guns. They are firearms that go undetected in …
If you let your anger and frustration get the best of you while behind the wheel and you get into a “road rage” incident with another driver in California, you may find yourself cooling off behind bars. “Road rage” can get you charged with a number of possible crimes in Los Angeles. Broadly defined, “road …
Jails and prisons are supposed to release prisoners promptly once their sentence is completed. But sometimes they fail to do so. This is commonly referred to as “overdetention”. The principal remedy for over-detention is a civil lawsuit for monetary damages. If the person is still in jail, a judge can also order the jail or …
Child pornography in California law is, understandably, treated harshly by prosecutors. The sexual abuse and exploitation of children in pornographic pictures or videos is tragic and those who make or distribute such materials will be subject to severe punishment.But what about videos and materials such as drawings, cartoons, or animation (such as manga or anime) …
Under California Penal Code 33215 PC, it is illegal if a person does any of the following acts with a short-barreled rifle or a short-barreled shotgun: Manufactures them, Imports them into the State, Keeps them for sale, Offers them for sale, Gives or lends them, and/or Possesses them. California Penal Code 17170 PC defines a …
Some medical and physiological conditions can cause DUI breath tests to produce falsely high results. Such conditions include: diabetes (a common DUI defense) ketosis hypoglycemia, fasting, and high-protein / low-carbohydrate diets (such as the Atkins and Paleo diets). These conditions involve insufficient carbohydrate intake for energy, or — in the case of diabetes — insufficient insulin to keep blood …
Police informants in California provide the authorities with information that leads to search warrants, wiretaps, surveillance and the solving of crimes. The types of informants can range from random citizens who are aware of criminal activity…to agents of the police who infiltrate criminal organizations and report on their activities. No doubt informants are a very …
When people plead guilty to a California DUI charge, they usually get placed on probation. The court imposes certain “terms and conditions of probation.” Violating these terms and conditions may result in a bench warrant for one’s arrest, a probation violation, and possible jail time. The terms of probation consist of affirmative duties and prohibitions. …
DUI manslaughter 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 depending on …
California’s Fair Employment and Housing Act (FEHA), Government Code 12940, prohibits employment discrimination or harassment based on gender, gender identity, or gender expression. Some cities have passed their own regulations protecting gender identity and expression in the workplace. The city and county of San Francisco, for instance, has issued guidelines that include: Employers have the right …
Permanent residents can be deported for certain misdemeanors. These include: crimes involving moral turpitude, drug crimes, firearms offenses, failing to register as a sex offender, violating a restraining order, domestic violence offenses, and child abuse crimes. These offenses make non-citizens deportable. This includes permanent residents. All non-citizens are deportable for certain crimes. What are deportable …
Penal Code 236 PC California’s false imprisonment law and Penal Code 207 PC California’s kidnapping law are frequently confused and commonly misunderstood. Many people believe that Penal Code 236 PC California’s false imprisonment law necessarily involves incarceration in a jail or prison. Although false imprisonment may involve such circumstances, it generally doesn’t. Simply put, false …