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Gender does affect BAC, or blood alcohol concentration. Women will reach a higher BAC than men if the two genders consume alcohol at a similar rate. There are three main reasons why a female will reach a higher BAC than a male. These are: women have lower water content in their bodies than men, females …
The top 5 causes of eyewitness misidentification are: limitations in human memory, witness stress and anxiety, suggestive or misleading police procedures, cross-race biases, and the fact that witnesses tend to focus more on weapons than a perpetrator’s identity. “Eyewitness misidentification” refers to when a crime victim or eyewitness mistakenly identifies someone as the perpetrator of …
Shoving someone can be considered both: an assault, per California Penal Code 240, and a battery, per California Penal Code 242. California law says that an assault is an attempt to commit a violent injury on someone else. Shoving a person can definitely equate to trying to hurt another person. The law also says that …
Can I modify my jail or prison sentence during the COVID-19 crisis? There are three ways in which a person can try to modify a criminal sentence in California. These are when the person: files a motion for resentencing, appeals his sentence, and brings a writ of habeas corpus petition. There are also two ways …
5 crimes that will get you “life without parole” in California are: first-degree murder, per Penal Code 187; felony-murder, per Senate Bill 1437; rape, per Penal Code 261 PC, if the defendant had a prior conviction of rape; sexual penetration, per Penal Code 289, if the defendant tortured the victim while committing the crime; and, …
Under California criminal law, a statute of limitations (“SOL”) refers to the maximum time period for which a prosecutor can file criminal charges. There are, however, a few California crimes that have no limitations period. Under California Penal Code 799 PC, charges of the following crimes can be brought against a person at any time: …
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 …
Resisting arrest is a crime in California 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 …
Under California Health and Safety Code 11350 HSC, the illegal possession of Adderall is usually charged as a misdemeanor and not a felony. Illegal possession of Adderall (or Add’ll) means a person “possesses” the substance, or has it on his person or in a pocket, without a valid prescription. The possession of Add’ll is typically …
Maybe. California courts have ruled that hands and feet are not considered “deadly weapons” under California’s assault with deadly weapons law, penal code 245(a)(1). However, kicking someone can still be considered assault with a deadly weapon if it is done with force likely to produce great bodily injury. Under Penal Code 245(a)(1), assault with a …
Beginning on January 1, 2018, inmates aged 60 and older who have been in prison for at least 25 consecutive years may be eligible for California’s “Elderly Parole Program.” The Elderly Parole Program is set forth in California Penal Code section 3055. It was authorized by passage of California Assembly Bill 1448 (“AB 1448”) in 2017. …
It is not a crime to possess animated child pornography in California, as long as no children were used to produce it. California’s “child pornography” laws exist to protect against the exploitation of actual children. They prohibit possession or production of any matter that: Depicts actual or simulated sexual conduct, By a person under 18 years …
The California State Legislature amended Section 786 of the Welfare and Institutions Code which now allows for juvenile records to be sealed automatically after the case is dismissed. Upon satisfactory completion of the probation terms, the court will dismiss the juvenile’s case. Once the case is dismissed, the judge orders that all records related to the dismissed …
The California State Legislature recently passed a restriction on the sale of ammunition. Section 30312 of the California Penal Code requires the sale of ammunition to be conducted by or processed through a licensed ammunition dealer authorized by the Department Of Justice (DOJ). Pursuant to the code, the seller must be a licensed ammunition dealer in order …
Every year thousands of innocent people are arrested for crimes they did not commit. Most such arrests do not result in a conviction. Up until now, these arrests have shown up on California criminal background checks – even though California law prohibits employers from asking about arrests that do not result in a conviction. In the past, getting …
With so many social media and review websites on the internet, many people in California are concerned about protecting their digital reputation. Unfortunately, there is little California residents can do to make people take down the offending posts. The good news, however, is that California defamation law allows people to sue for damages for harm …
We’ve all heard of couples who go on crime sprees together. There is even a scientific name for it: hybristophilia, popularly known as “Bonnie and Clyde syndrome.” Sexologists – yes, they exist – describe hybristophilia as a condition in which someone derives arousal and pleasure from having a sexual partner who is known to have “committed …
California law classifies prescription medications as “controlled substances” that are subject to the same laws as illegal drugs like heroin and cocaine. Illegal Possession of Prescription Drugs in California California Health and Safety Code Section 11350 makes it a crime to possess a prescription drug with no valid prescription, to possess more of the drug …
Every year some 350 children under the age of five drown in backyard swimming pools across the U.S. Another 2,600 children are treated for near-drowning incidents in hospital emergency rooms. But whose responsibility is pool safety (and who can be the subject of a drowning accident lawsuit) in the state of California? It depends on …
“Revenge porn” is a crime in California. If you are charged and convicted for posting and distributing intimate photos or videos of another person without their knowledge or consent, you could be facing severe penalties. “Revenge porn” refers to naked or sexual videos or pictures of an individual that someone, usually an ex-lover, puts online …
California’s law against carrying a concealed weapon, Penal Code 25400 PC, makes it a crime for most members of the general public to carry a concealed firearm on their person or in a vehicle. There is an exception to California’s concealed carry law for people who have obtained a concealed weapons permit. In order to get this …
The prosecution has made its case. You and your defense attorney have put on the strongest possible defense. Now your Los Angeles criminal trial is in the hands of the jury. But what happens if there is a “hung jury” in your case? In order for a jury to reach a verdict – whether guilty …
In Riverside County, California, you can go to jail and have to pay hefty fines if you make false statements in an advertisement for the sale or real estate, goods, or services. This is in addition to civil penalties that may be imposed by the state of California. California Business and Professions Code Section 17500 …
In April 2016, a federal class-action lawsuit was filed against the “Lunada Bay Boys,” a group of surfers in Palos Verdes Estates, California who are known for intimidating and keeping visitors from surfing at their favorite beach. The suit alleges that they are a “criminal street gang” which should be banned from gathering together under …
During this tumultuous election year, people have been alarmed at the violence which has occurred at some political rallies. Some have blamed the candidate involved for implicitly or explicitly encouraging that violence. In Los Angeles, can it be a crime to urge or encourage someone to commit an act of violence? The answer is yes. …