Criminal Defense

The California criminal statute of limitations is generally one year for misdemeanors and three years for felonies. As the following chart shows, prosecutors have additional time to press charges in more serious cases. For the most serious crimes such as rape and murder, there is no statute of limitations at all. California Offense Criminal Statute …

California Penal Code § 1385 PC gives California judges wide discretion to dismiss unfair criminal charges and sentencing enhancements “in furtherance of justice.” This judicial power is a safeguard against: frivolous cases and frivolous punishments. Can I file a PC 1385 motion with the court? No. You (and your defense attorneys) are not allowed to …

California Penal Code § 4573.6 PC prohibits possessing controlled substances in prison, jail, or anywhere else that inmates are in custody. Knowingly having drugs in a prison or jail is a felony punishable by up to four years in county jail. The full language of 4573.6 PC reads: (a) Any person who knowingly has in …

Is Being Drunk or High a Defense to a Crime? — Voluntary vs. Involuntary Intoxication DefensesWatch this video on YouTube Voluntary and involuntary intoxication are both possible defenses in California criminal cases. If successful, the defenses may work to get a criminal charge reduced or even dropped altogether. However, involuntary intoxication (such as by being …

You can sometimes defend against a criminal charge by showing that the allegedly illegal act was an accident. This legal defense will most likely succeed in situations where you had no criminal intent, were not acting with criminal negligence, and were engaged in lawful conduct at the time of the accident. If successful, the defense …

Battery with Serious Bodily Injury — Legal Analysis of Penal Code 243d PCWatch this video on YouTube California Penal Code § 243 d PC prohibits battery causing serious bodily injury, also called “aggravated battery.” Depending on the case, battery causing serious bodily injury can be a misdemeanor carrying up to one year in jail or …

Penal Code 186.22 – The "Gang Enhancement" in CaliforniaWatch this video on YouTube Penal Code § 186.22 PC prohibits criminal street gang activity in California. Gangs are groups of three or more people who have a common name and commit crimes as one of their primary activities. Under 186.22(a) PC, participating in a gang can …

California Penal Code § 496.6 PC prohibits unlawful deprivation of a retail business opportunity, which is possessing stolen retail property valued over $950 with intent to sell, exchange, or return it. This crime can be a misdemeanor or a felony. Statute Text California Penal Code § 496.6 PC (a) Any person who possesses property unlawfully that …

California Penal Code § 496.5 PC defines the crime of automotive property theft for resale as unlawfully possessing property acquired through vehicle-related theft with the intent to sell or exchange it when the value exceeds $950. Automotive property theft for resale can be a misdemeanor or a felony. Statute Text California Penal Code § 496.5 …

Most California drug possession misdemeanors can be dismissed without jail time through a diversion program. Even for felony-level drug charges like possession for sale or trafficking, judges will usually impose formal probation instead of incarceration unless aggravating factors apply. In this article, our Los Angeles criminal defense attorneys answer these frequently-asked-questions about California drug sentencing …

California Penal Code § 1181 PC permits courts to overturn a guilty verdict and grant a new trial on such grounds as newly discovered evidence or misconduct by the jury, prosecutors, or judge. The entire text of the statute is: 1181. When a verdict has been rendered or a finding made against the defendant, the …

Colorado Revised Statute § 18-6.5-103 CRS imposes enhanced criminal sentences for defendants convicted of committing certain offenses against victims who are at least 70 years old and/or have physical or intellectual disabilities. The full text of the statute reads as follows: CRS 18-6.5-103. (1) Crimes against at-risk persons are as prescribed in this section. (2) Any …

California Penal Code § 245c PC makes it a felony offense to commit assault with a deadly weapon (other than a gun) on a police officer or firefighter. This is a felony punishable by three, four, or five years in prison. The statute reads: 245(c).  Any person who commits an assault with a deadly weapon or …

California Penal Code § 95 PC makes it a felony to attempt to influence a juror or arbitrator to change their verdicts through persuasion, threats, or bribes. Penalties for the unlawful attempt to influence a juror include up to three years behind bars or $10,000 in fines. The language of the statute reads: 95.  Every …