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California has both criminal and civil invasion of privacy laws. The civil laws include “false light” claims and cases involving the public disclosure of private facts. The laws are similar in that a person performs an act that invades the privacy of another. While the specific acts in criminal and civil cases differ – in …
If you possess a firearm in California and a child gets a hold of it in your home, you can face a number of criminal charges. This is true even if you legally possess the firearm. Sadly, there are stories in the news almost every week in which a child manages to find a gun …
Under the law in most states, there is no difference between a protective order and a restraining order. The two terms are used interchangeably. Both are described as a court order that is designed to protect a person from: harassment, physical abuse, stalking, or threats by another person – that is specifically named in the …
Violating a restraining order does stay on a person’s record in California. Penal Code 273.6 PC is the California statute that makes it a crime for a person to violate the terms or conditions of a restraining order. A violation of this statute can be charged as either a misdemeanor or a felony, depending on the …
There is a statute of limitations for a probation violation in California. The statute of limitations expires the moment when a party’s probation period ends. This means that a probation violation cannot be charged if it gets discovered after a person’s probation period is no longer active. Note that a probation violation occurs once a …
The statute of limitations (“SOL”) for most California theft charges is one year if the charge is filed as a misdemeanor or three years if the charge is filed as a felony. Under California criminal law, the SOL refers to the maximum time period in which a prosecutor can file criminal charges. Most California misdemeanors …
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 …
A zip gun is essentially a cheap makeshift gun. Persons make them using supplies from around their home or found at a local hardware store. Zip guns are sometimes a weapon of choice among criminals because they’re relatively untraceable and can be thrown out after a single shot. The term “zip” is used because a …
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 …
A pretrial hearing is a formal court hearing that takes place after the arraignment. Most misdemeanor cases will have several pretrial hearings. These hearings give an accused the opportunity to: deal with issues like illegal searches, address speedy trial rights, conduct defense investigation, obtain, test, and evaluate evidence, engage in plea bargaining. There are various motions that can …
Under California self-defense laws, you have the right to “stand your ground” and protect yourself without retreating under certain circumstances. There is no state law statute that authorizes this right that there is no duty to retreat. Instead, case law and jury instructions recognize the right of a person to use force in self-defense without …
On January 1, 2019, California Penal Code 288a PC – which prohibits oral copulation with a minor – was renumbered to PC 287 in order to comply with California Senate Bill 1494. The law itself has not changed, and the penalties remain the same. Presumably, lawmakers pressed for the renumbering because people were confusing PC …
A DUI manslaughter charge potentially carries 1 to 10 years. If you accidentally kill someone while you are DUI in California, you are probably bracing yourself for serious criminal charges and a long jail sentence. But in fact, California laws on “vehicular manslaughter while intoxicated” (DUI manslaughter) provide for a wide range of potential sentences …
The punishment for California insurance fraud can range from probation to five years in prison, as well as fines, community service, and restitution. Insurance fraud charges are usually the result of either making a fraudulent insurance claim or from destruction of insured property. A Fraudulent Insurance Claim under California Penal Code 550 occurs when: a …
Dismissal without prejudice refers to a situation where a is dismissed, but the petitioner is not necessarily precluded from later refiling it. This can occur in a criminal case and criminal procedures, though it is more common for civil cases to be dismissed without prejudice. Plaintiffs who have had their case dismissed without prejudice can …
The “last clear chance” doctrine is a legal rule that says: in personal injury cases, in which both the plaintiff and defendant were responsible for causing an injury/accident, the plaintiff can still recover damages from the defendant, if the defendant had a chance to avoid injuring the plaintiff in the final moments before the accident. …
Much like the majority of states in the nation, driving under the influence (“DUI”) of drugs and/or alcohol is a serious crime in California. One of the major concerns for motorists facing a DUI conviction is how this incident will affect their life, and most importantly, for how long. If convicted, the incident will go on two types of …
The legal definition of domestic battery is (1) any willful and unlawful touching, (2) that is harmful or offensive and (3) is committed against an intimate partner. Examples of this kind of domestic violence include: Lisa pushes her boyfriend during a fight. Marcos, feeling frustrated with his ex-wife, grabs her shirt and rips it. Candice is …
An arraignment is a formal hearing in a criminal case where defendants are advised of the charges that have been filed against them. An accused is also advised that he or she has certain legal and constitutional rights. Finally, the judge asks the accused how he or she would like to plead. If an attorney …
There are 7 important traffic laws that apply to electric scooters in California. They require electric scooter, or E-scooter, riders to: 1. Wear a helmet if they are under 18 years old, 2. Ride at a maximum speed of 15 miles per hour, 3. Use bike lanes where available, 4. Ride alone, off the sidewalk, …
There is no specific law in California that makes public urination a crime. However, a person who is caught urinating in a public place could be charged with public nuisance, public intoxication or indecent exposure. Penal Code 640 PC prohibits urinating or defecating in a system facility or vehicle, other than a lavatory, unless it …
Kidnapping is considered aggravated kidnapping if it is committed under certain circumstances and is usually punishable by life in prison. A person is guilty of the offense of aggravated kidnapping if he or she: kidnaps for ransom, reward, or to commit extortion, kidnaps to commit robbery, rape, or other sexual offenses, kidnaps another person during …
Thanks to California Senate Bill 329, as of January 1, 2017, it is no longer a felony for people who are HIV-positive to have unprotected sex and not disclose their status. The new California law SB 329 also automatically vacated prior convictions related to: Non-disclosure of HIV status (former Penal Code 647f), and/or Felony prostitution convictions …
Some examples of witness intimidation include: a defendant mails her accuser an article about witnesses who mysteriously die after testifying. a store robber tells the cashier “bad things will happen” if the police find out. a rapist offers his victim money to not report him. Under California Penal Code 136.1 PC, it is a crime …
Specific intent crimes are those where a prosecutor must prove, beyond a reasonable doubt, that the defendant intended to commit a certain harm. This means a specific intent is a necessary element of the crime itself. Examples of specific intent crimes are: arson, burglary, forgery, and robbery. In contrast, general intent crimes are offenses where …