Battery can be a crime of moral turpitude (CIMT) if it causes significant injuries. This can trigger extra collateral consequences of a conviction. If you are not a U.S. citizen, you may be deported. However, many batteries do not cause any injuries. Even if committed against a spouse, simple batteries generally not involve moral turpitude. A CIMT can …
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 …
The criminal justice system is confusing and complex, and just like any profession you will find good lawyers and bad. Here are at least 5 signs that you may be dealing with a bad criminal defense attorney. 1. RESPONSIVENESS One good way to gauge how responsive an attorney might be is to observe how responsive …
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 …
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 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 …
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 …
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 …
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. …
When you go to a San Francisco Giants game at AT&T Park, not all of the action may be on the field. A combination of sunshine, alcohol, and passion for the team can lead fans to engage in conduct that can get them arrested and charged with a criminal offense. Here are five things you …
Trying to get rich through a “pyramid scheme” in Palm Springs, California may earn you a few bucks for a while, but it could also earn you a prison sentence for a much longer while. What is a Pyramid Scheme? “Pyramid schemes” are business scams in which participants attempt to make money solely by recruiting …
A law effective January 1, 2016, makes it a crime to carry a concealed firearm on a school or college campus in Los Angeles. Even if you have a valid California permit to carry a concealed firearm, you could still be arrested and charged with a crime if you bring your weapon to a school …
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 …
If the owner or an employee of a Palm Springs, California bar or restaurant asks you to leave the premises because of your conduct and you refuse to leave, you could be charged with criminal trespass. Presuming that you are not being asked to leave for legally prohibited reasons such as your race, sex, religion, …
Wrongful convictions based on coerced confessions, unreliable eyewitness testimony, prosecutorial misconduct or other reasons are a widespread tragedy in California. Such injustices cost innocent Californians years of their freedom. They also cost California taxpayers hundreds of millions of dollars according to a new report. As reported in the Los Angeles Times, a recent study of …
As a parent in San Bernardino County, California, it’s bad enough if your child gets in trouble with the law and is facing California criminal charges. It can get even worse, however, as parents themselves can be convicted of crimes for their kids’ misdeeds. California has a “parental responsibility law” that can impose criminal penalties …
