Blog: Penal Code

Does California follow the "castle doctrine"?Watch this video on YouTube Yes. Under Penal Code 198.5 PC, California law follows the legal principle known as Castle Doctrine. This means there is no duty to retreat if a resident confronts an intruder inside his or her own home. Residents are permitted to use force against intruders who break …

Penal Code 1203.42 is a California statute that allows a criminal conviction to be expunged if it is now punishable by a county jail sentence following Proposition 47 “Realignment” in 2011. “Expungement” of a California criminal record “erases” a conviction for most purposes. One of the most important benefits is that an expunged conviction does …

Penal Code 29.4 is the California statute that sets forth the legal defense of voluntary intoxication. This defense is asserted in criminal cases that involve a specific intent crime. It allows a defendant to introduce evidence of voluntary intoxication in order to show that the accused did not have the specific intent to commit a …

Under California Penal Code 33215 PC, it is illegal to do any of the following acts with a short-barreled rifle or a short-barreled shotgun: Manufactures them, Imports them into the State, Keeps them for sale, Offers them for sale, Gives or lends them, and/or Possesses them. California Penal Code 17170 PC defines a “short-barreled rifle” …

Believe it or not, there are several California crimes that you can commit by getting married. These include bigamy, incest, and marrying the spouse of another. 1. How does California law define “bigamy”? Penal Code 281 PC is the California statute that defines the crime of bigamy. This code section makes it illegal to marry one person while …

Oftentimes a child’s parents who are not married either share custody of their child(ren) or one parent gains custody and the other is granted a right to scheduled visits. If you are the parent who has custody the majority of the time, and you interfere with the other parent’s visitation rights, you not only jeopardize …

Unlike some other states, California’s gun laws require that all private party gun transfers be brokered through a licensed California gun dealer. If you don’t participate in this type of necessary exchange, a prosecutor can charge you with a crime. The facts of the case will dictate which California gun law(s) prosecutors will accuse you …

Staged accidents are just that — “accidents” that are staged. Often orchestrated by sophisticated crime rings, these intentional collisions are planned to make it look like an insured driver is at fault when, in reality, the insured driver was “set up” by the seemingly victimized party/parties. 1. Will a party receive penalties for staging an …

Nevada law as to lewd conduct offenses is generally modeled upon California law. But Nevada’s statutes cast a wider net and impose harsher punishments. 1. What is California’s lewd conduct law? Penal Code 647a PC is the California statute on lewd conduct in public. The law prohibits people from touching themselves sexually while in public …

The elements of a conspiracy under California criminal law are: the defendant agreed with another person, or persons, to commit a crime, one of the parties to the agreement took an overt act to further or advance that agreement, and the overt act was committed in California. The “elements of a crime” refer to the …

It is a crime in California for a person to view the inside of a bathroom via a camera. California Penal Code 647(j) PC is California’s criminal “invasion of privacy” law. This law states that it is illegal for a person to view the inside of a room or area in which a person has …

If you call 9-1-1 in San Diego falsely describing an emergency or a crime in progress in order to get the police or other first responders to go to the scene, you can face serious criminal penalties. “Swatting,” as it sometimes called, is defined by the FBI as: “making a hoax call to 9-1-1 to …

If your passions get the best of you and an intimate partner while out and about in Ventura County, California and you have sex in public, you could be charged and convicted for violations of California law. Disorderly Conduct California law makes it a form of disorderly conduct to engage “in lewd or dissolute conduct …

You can find yourself charged with disorderly conduct in Oakland for a wide range of acts and activities. Police officers often use disorderly conduct charges as an excuse to arrest people who have annoyed or angered them, such as individuals who may have been rude or yelled at them (which are not crimes). California Penal …