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As of December 8, 2020, LADA (Los Angeles District Attorney’s Office) has stopped filing sentencing enhancements in felony cases in accordance with Special Directive 20-08. The only exceptions are cases involving children, the elderly, and hate-motivated crimes Which sentencing enhancements have LADA stopped filing? With the exception of cases involving vulnerable victims, L.A. County prosecutors …
Every state in the U.S. treats the crime of kidnapping as a felony offense (as opposed to a misdemeanor). Many states have different degrees of felonies so that the specific penalties for this offense will slightly vary among jurisdictions. However, most states say that the offense is punishable by minimum state prison sentences of up to …
False accusations of rape occur when an accuser claims to be a victim, but in actuality, no rape ever took place. Many of these cases turn out to be he said /she said scenarios where there are no independent witnesses or other corroboration. When this occurs, there are a number of legal defense strategies that …
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 …
An indeterminate sentencing structure is one where a sentence for a criminal offense is given as a range. For example, a defendant could be sentenced to “15 years to life in prison.” With an indeterminate sentence, a minimum prison term is always given but a release date is left open. The specific date of release …
Many felonies cannot be expunged. Each state has its own rules. Some states allow for the expungement of all or most felony convictions. Other states do not allow felonies to be expunged at all. But certain felonies are almost never eligible for expungement. These generally include murder, serious violent crimes, and sex crimes involving children. …
Felony probation lasts up to 2 years for most non-violent felonies. It can last up to 3 years for the crimes of grand theft, embezzlement, or theft by false pretenses that involve more than $25,000. The term of probation can be longer for violent felonies, or for crimes that specify the applicable term of probation. …
Punching a person is a battery under California law (per Penal Code 242) and it could be charged as a felony if the defendant: punched a public servant, as in a police officer, firefighter, or EMT, or punched a person and it caused great bodily injury. In both of the above scenarios, the battery is …
If a defendant is found to be in violation of felony probation, the court can sentence the person to the amount of jail or prison time that was suspended at sentencing. If there was no custody time suspended, then the court has the discretion to sentence the defendant for up to the maximum term for …
There are five main differences between misdemeanor probation and felony probation in the California criminal court process. Perhaps the biggest difference is that while misdemeanor probation is typically available for defendants with a misdemeanor conviction, felony probation is available to persons that were convicted of felony offenses. Other differences include that, in comparison to felony …
The embezzlement of a firearm is always a felony crime of theft under California criminal law. In other embezzlement cases, per California Penal Code 503, the crime is a form of California grand theft and may be charged as a felony if the embezzled property is: an automobile, or property worth more than $950. In …
While a first-time offense of indecent exposure (“IE”), per Penal Code 314, is charged as a misdemeanor in California, a second offense will result in a felony charge. Indecent exposure can also be charged as a felony if it is a form of “aggravated” IE. Indecent exposure itself means a male or female: willfully exposes …
June 5, 2021 update: On June 4, 2021, a federal judge overturned California’s ban on assault weapons on the grounds that it violates the constitutional right to bear arms under the Second Amendment. But assault weapons remain illegal in California while the state appeals the ruling. With very few exceptions, .50 BMG (fifty caliber) rifles …
“Sextortion” is a form of blackmail under Penal Code 518, California’s extortion law. California law defines “extortion” as: The act of obtaining property or other consideration from someone, With his or her consent, By the use of force or fear. Extortion is commonly referred to as “sextortion” when the consideration demanded involves: Sexual conduct, or …
You may have heard of people being hit with California felony penalties for shoplifting items from a store–and may have wondered if this can really happen. The quick answer is: it is possible for someone to be charged with a felony for shoplifting. But it is now more difficult for prosecutors to charge a shoplifter …