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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 imprisonment.” With an indeterminate sentence, a minimum prison term is always given but a release date is left open. The specific date of release 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 …
UPDATED FEBRUARY 9, 2021 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 involving children, the elderly, and hate-motivated crimes Which sentencing enhancements have LADA stopped filing? With the exception of cases involving …
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 …
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 …
Many felonies cannot be expunged. Each state has its own rules. Some states will not expunge any felonies. Others will expunge most of the offenses. Some felonies are almost never eligible for expungement. These generally include murder, serious violent crimes, and sex crimes involving children. In many cases, there is a waiting period to expunge …
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 …
2021 UPDATE: Felony probation now lasts up to two (2) years for most non-violent felonies. Probation can last up to three (3) years for the following offenses involving more than $25,000 of stolen money/goods: Grand theft (PC 487(b)(3)) Embezzlement (PC 503) False personation and cheats (PC 532a) These two- or three-year probation limits are not …
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 …
With very few exceptions, .50 BMG (fifty caliber) rifles are illegal in California. They are prohibited by Penal Code 30610 PC and Penal Code 30600 PC, California’s law on assault weapons. In fact, “BMG” stands for Browning Machine Gun. It was originally developed by John Browning (in a .30 caliber version) for use by the military. …
“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 …