Burglary in California is divided into first degree, or residential burglary, and second degree, or commercial burglary. See Penal Code 460. Burglary is committed when someone unlawfully enters a specified structure with the intent to commit theft or a felony. Residential (first degree) burglary is burglary of: an inhabited dwelling house, an inhabited vessel, floating home, or trailer …
California burglary law (under Penal Code 459) is divided into “first-degree burglary” and “second-degree burglary.” First-degree burglary is burglary of a residence. Second-degree burglary is the burglary of any other type of structure (including stores and businesses). Burglary offense California penalties 1st-degree burglary: Burglary of a residence felony: 2, 4, or 6 years prison 2nd-degree …
If you get fired for making a workers’ compensation claim, you can file a wrongful termination lawsuit. It does not matter if you are an “at will” employee since retaliation for invoking workers’ compensation rights is a clear violation of public policy. Successful lawsuits can recover back wages and even lead to reinstatement. Some states …
Certain criminal convictions in California can lead to deportation if you are not a United States citizen. It often does not matter how long you have been in the country. Known as “deportable offenses,” these are: crimes of moral turpitude, aggravated felonies, drug offenses, firearms offenses, and crimes of domestic violence. 1. Crimes of moral …
California drivers with a suspended license have to wait for the suspension period to end. Then they have to apply for reinstatement with the Department of Motor Vehicles (DMV). This includes paying license reinstatement fees and proving proof of adequate car insurance. Some drivers may also have to provide evidence of completing certain courses, like traffic …
In California, law enforcement agents can get a wiretap for your phone if they can obtain a court order. This court order can initially last up to 10 days, although it can be extended. It will only be issued if there is probable cause to believe it would gather evidence of a serious felony. The …
The crime of driving under the influence (DUI) can be a felony in some severe cases. When it is a felony will depend on your state’s DUI laws. However, it is often a felony if you have a history of DUI convictions or if you caused a serious car accident. Felonies carry more prison time …
The difference between a driver’s license revocation and a license suspension is that a revocation is permanent, whereas a suspension is temporary. However, if your license has been revoked, you may still be able to get a new one. Whether it is revoked or just suspended, though, driving without a valid license is a criminal …
93 percent of workers’ comp claims lead to a payout right away, according to one study. Of the 7 percent of claims initially denied, two-thirds are overturned and paid out within the year. However, this does not necessarily mean that the victim is fully compensated. You only “win” your workers’ comp case if you recover …
In criminal law, an affirmative defense is a legal defense that you, as the defendant, have the burden of proving. It does not challenge the evidence that proves the elements of the offense. Instead, an affirmative defense asserts that the crime was excusable or justified. Examples include: entrapment, insanity, necessity, self-defense (in a couple of …
A bench warrant is a court order instructing law enforcement to arrest you and bring you to court. A judge will issue a bench warrant for your arrest if you have failed to comply with another court order, or you failed to appear for a court hearing. Six key things to know about bench warrants …
California law states that a person may not carry a concealed firearm in public unless they obtain a valid Carry Concealed Weapon (CCW) license. Assembly Bill 2103 and Senate Bill 2 impose several requirements that a person must meet before they can receive a CCW license. These requirements are: Applicants for CCW permits must receive …
In California, the amount of time you can spend in jail or prison after a conviction for drug possession varies widely. It can be multiple decades or no time at all. Custody time ultimately hinges on five primary factors: the specific drug possession charges you are facing, the type of drug, how much of the …
In California, travel time is when your employer requires you to be at a designated place and controls how you get there. Because of this control, travel time is compensable in California. It often occurs when your employer makes you go from one worksite to another, or use the employer’s transportation from a designated meet-up …
Studies have failed to show that field sobriety tests (FSTs) are unreliable measures of whether a motorist is driving under the influence of marijuana (DUI). Nevertheless, law enforcement continues using them to prosecute these cases, often in tandem with other tests, like blood, urine, or saliva. A good defense lawyer can raise reasonable doubts about …
In California, unpaid internships are legal. However, employers have to comply with both state and federal laws in order to host an unpaid intern. Federal guidelines require that the internship benefits the intern, not the employer. California requires employers to submit a proposal for the internship to the Division of Labor Standards Enforcement (DLSE) for …
California Penal Code 17330 PC holds that a “wallet gun” is any firearm mounted or enclosed in a case. Penal Code 24710 is the specific code section that makes these devices illegal. The case for these guns typically resembles a wallet, thus the name “wallet gun.” You can fire a wallet gun while it is still …
In California, you should keep and maintain all evidence that is in your possession, and that may be relevant to a personal injury case. You should also take necessary steps to ensure that the potential defendants preserve evidence in their possession. Statements from witnesses can also be taken and preserved. The consequences for spoliation of …
Under Penal Code § 24310, it is illegal to do any of the following with respect to camouflaging firearm containers: Manufacture, Import into the State of California, Keep for sale, Offer for sale, Give, Lend, and/or Possess In this article, our California criminal defense attorneys discuss: 1. What is a camouflaging firearm container? 2. Are they …
In some circumstances, professional dog walkers can be held liable for a dog bite that occurs on their watch. In many states, they can at least be held partially liable. State laws will determine if partially liable defendants can be responsible for paying all of the damages. If they work for a professional pet-sitting service, …
In California, the district attorney has 3 or more years to file a felony charge. The exact number will depend on the felony offense. Some serious felonies have a 6-year criminal statute of limitations. Severe sex offenses often have a 10-year window for charges to be filed. For the most severe felonies, California district attorneys …
Bad lighting can cause a car accident on a freeway in several ways. When it does, the state or municipality can be held liable. They are responsible for keeping the lighting on the freeways in working order. However, filing a personal injury claim against a governmental entity can be difficult. How can poor lighting cause …
In California, when a pedestrian is hit outside of a crosswalk, the person at fault for the accident will be liable for the damages. This is often – but not always – the pedestrian. The driver can still be held liable in certain circumstances. In some cases both the driver and the pedestrian are at …
You can generally still collect workers’ compensation benefits in California if you get fired. Discharging you does not absolve the employer from paying workers’ comp benefits for: lost wages, expenses related to medical treatment, temporary or permanent disability benefits, and/or vocational training. These benefits will continue until you reach maximum medical improvement and the doctor …
Less than 5 percent of workers’ compensation claims actually go to a full-on trial.1 The vast majority of the others are either uncontested, settled out of court, or settled through mediation or arbitration. Nevertheless, the best way to secure an adequate settlement is to pursue the case with the preparation and thoroughness that would be …
