Criminal Defense

NRS § 207.030 – Vagrancy Laws & Penalties in Nevada

Nevada Revised Statute 207.030 makes it a misdemeanor to commit vagrancy, which comprises: lewd conduct in public; solicitation of prostitution; pimping or pandering; trying to enter a house to see what is inside; keeping a place for hiding lost/stolen property; loitering in public restrooms for unlawful purposes; and/or lodging somewhere without the owner’s permission.1 The …

§ 496.6 PC – Unlawful Deprivation of a Retail Business Opportunity in California

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 …

§ 496.5 – Automotive Property Theft for Resale

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 …

Penal Code § 4600 PC – Damaging Prison or Jail Property

California Penal Code § 4600 PC makes it a crime to vandalize jail or prison property. If the damage amounts to $950 or less, the state can only bring misdemeanor charges carrying up to six months in jail and/or $1,000. Otherwise, damaging prison or jail property is a felony punishable by 16 months, 2 years, …

NRS 200.930 – Unlawful Installation of a Mobile Tracking Device

It is against Nevada law to knowingly install, conceal or otherwise place a mobile tracking device in or on the motor vehicle of another person without the knowledge and consent of its owner or lessor. A first-time offense is a misdemeanor carrying up to six months in jail and/or $1,000 in fines. In this article, …

California Drug Sentencing Guidelines – A Lawyer Explains

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 …

Theft Crimes in California – Laws, Punishments, and Defenses

Penal Code Sections 211, 459, 484, 487, 496, and 503 are California’s six primary theft crimes. Petty theft (PC 484) is stealing up to $950 in cash or personal property. A petty theft charge is a misdemeanor carrying up to 6 months of county jail time and/or $1,000. Grand theft (PC 487) is stealing more …

“Battery With a Deadly Weapon” – Nevada Laws & Penalties

NRS § 200.481 makes it a crime in Nevada to commit a battery with a deadly weapon. This is a category B felony that carries a prison term of two to 15 years if the victim sustains substantial bodily harm. If there are no major injuries, the maximum sentence is 10 years. The court can …

NRS § 463.350 – Underage Gaming

Nevada Revised Statute § 463.350 makes it a misdemeanor 1) for a person under 21 to gamble or loiter in a casino, or 2) for a gaming company to have employees age 18 to 20 years old unless they are working on the gaming devices’ software or hardware. The text of the statute reads: NRS …

Penal Code § 1181 PC – Motion for a New Trial

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 …

Penal Code § 1385 PC – Dismissing Charges and Enhancements “In Furtherance of Justice”

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 …

Colorado Revised Statute § 18-6.5-103 CRS – Crimes against at-risk persons

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 – Assault with a Deadly Weapon on a Police Officer

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 …

Penal Code § 95 PC – Improper Attempt to Influence Juror, Arbitrator or Referee

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 – Armed Criminal Action

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 …

PC 851.91 – Petition to Seal Arrest Records w/ No Conviction

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 – Unlawful practice of law

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 – Possession of Medication Without Prescription

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 …

Penal Code § 832 PC – Training Course for Peace Officers

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 Penal Code 830.5 PC – Parole and Probation Officers

California Penal Code 830.5 PC allows parole officers, probation officers, and DOC correctional officers to carry firearms if authorized by their employer. As long as they meet training and qualification requirements, they generally can also carry their firearms off duty as well. The law reads: PC 830.5. The following persons are peace officers whose authority …

Health and Safety Code 11362.3 HS – Marijuana Offenses

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. …

Penal Code § 4573.6 PC – Possessing Drugs in Prison or Jail

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 …

Arrested for “Solicitation” in Las Vegas? Laws & Penalties

Arrested for solicitation in Las Vegas? 3 Legal DefensesWatch this video on YouTube Nevada NRS § 201.354 states that “it is unlawful for any person to engage in prostitution or solicitation therefor, except in a licensed house of prostitution.” Solicitation means offering or agreeing to exchange money for sexual acts. Solicitation is typically prosecuted as a …

NRS § 205.445 – Defrauding an Innkeeper – Nevada Law

NRS § 205.445 is the Nevada law that prohibits defrauding an innkeeper. You commit this offense by obtaining goods or services from a business establishment (such as a restaurant, gas station or hotel) and then leaving without paying. Defrauding an innkeeper is a category D felony in Nevada if the value of the stolen services …

California Penal Code § 396 PC – Price Gouging

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 …