Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
Crimes by Code
Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
California DUI
DUI arrests don't always lead to convictions in court. Police officer mistakes, faulty breathalyzers and crime lab errors may get your charges reduced or dismissed. Visit our California DUI page to learn more.
Post Conviction
A criminal record can affect job, immigration, licensing and even housing opportunities. In this section, we offer solutions for clearing up your prior record.
Please note: Our firm only handles criminal and DUI cases, and only in California. We do not handle any of the following cases:
And we do not handle any cases outside of California.
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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 Code Section 242 PC, in cases that don’t result in serious bodily injuries, are prosecuted as misdemeanors with penalties that can include up to six months in county jail and fines of up to $2,000.
Enhanced Penalties for Battery Against Cops and Other Public Employees
California law, however, treats battery against certain public employees differently and with greater penalties, including off-duty police officers working as security guards.
If you knew or reasonably should have known that the other person was a police officer engaged in the performance of their duties, even acting as a private security guard, you could be charged under Penal Code Section 243(c)(2). Under that section, a conviction could result in imprisonment in a county jail not exceeding one year or 16 months, or two or three years and/or a fine of up to $10,000.
Similarly, you could face enhanced penalties upon conviction for a battery against any of the following individuals if you knew or reasonably should have known that they were performing their duties in one of these roles:
Penal Code Section 243(b).
The penalties for a battery against any of the individuals listed above can include up to a year in jail and fines of up to $2,000. However, if you are found to have caused an injury as a result of the battery, the crime becomes a wobbler, with a potential felony jail sentence of 16 months, two years or three years. Penal Code Section 243(c)(1).
Given the consequences of a battery conviction, especially a conviction for battery against a police officer or public employee, you need to speak with a criminal defense attorney as soon as possible.
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, Court TV, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.
Yes, so long as the relationship is not sexual. If they have sexual intercourse, the 21-year-old can face criminal charges for statutory rape if they are not married. The penalties for statutory rape carry up to 3 years in jail. They can also land in deeper legal trouble if they drink or do drugs together. The ...
When is "revenge porn" a crime in Nevada?Watch this video on YouTube Yes. Revenge porn – which is selling or posting online naked or sexual photos or videos without the consent of the person depicted – is a category D felony in Nevada. Formally called unlawful dissemination of intimate image, revenge porn carries penalties of ...
Extradition is the process of arresting and returning a fugitive from one state to another state (or country). At an extradition hearing, a judge first determines whether the right person was arrested. Second, the transfer paperwork is reviewed for correctness. If the demand is proper, the fugitive from justice will be held for pickup by ...
The mistakes made when we’re young can have lasting consequences long after we’ve grown up. Many juvenile convictions in Alameda County, California can in fact be counted later in life as one of the “three strikes” that can lead to some of the most severe penalties available under California’s Penal Code. Under California Penal Code ...