Criminal Defense

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 …

California Penal Code § 25800 PC defines the crime of “armed criminal action” as carrying a loaded gun with the intention of committing a felony. Armed criminal action can be prosecuted as a felony or a misdemeanor. The full text of the law is as follows: 25800.  (a) Every person who carries a loaded firearm …

Updated June 25, 2023 California Penal Code § 851.91 PC allows you to petition the court to seal your arrest records if you are never charged, your charges get dismissed, or you are acquitted. Once your arrest record gets sealed, the arrest is deemed not to have occurred. However, it is not necessary in California …

California Business and Professions Code § 6125 BP declares that only lawyers with active licenses from the State Bar of California may practice law in the state. The unauthorized practice of law can be a felony or a misdemeanor depending on the case. The full text of the statute reads as follows: Business and Professions …

Business & Professions Code § 4060 BP prohibits the possession of a controlled substance without a current and valid prescription from a health care provider. Healthcare providers may possess controlled substances in the lawful course of their work as long as the drugs are in labeled containers. The full text of the statute reads: 4060.  A …

California Penal Code § 832 PC requires peace officers to complete an introductory training course and pass an exam. If they take a three-year or longer break in employment, they may need to retake the exam to work as a peace officer again. The full text of the statute reads: 832.  (a) Every person described …

California Health and Safety Code 11362.3 HS specifies that it is illegal to use marijuana in public or to have an open container in a vehicle. Although recreational cannabis is now legal for adults, there are limitations such as the ones in this statute. The entirety of the statute text reads as follows: HS 11362.3.  …

California Penal Code § 4573.6 PC makes it a crime to possess 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 the statute reads: 4573.6.  (a) Any …

California Penal Code § 396 PC prohibits price gouging by more than 10% after a state of emergency has been declared. Price gouging is a misdemeanor carrying up to one year in jail and/or up to $10,000 in fines. The entirety of the statute reads: 396.  (a) The Legislature hereby finds that during a state …