Criminal Defense

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 …

California Penal Code § 148d PC makes it a crime to take a firearm from a police officer’s person or immediate presence. This offense be prosecuted for a misdemeanor or a felony. The full text of the law reads: 148d.  (d) Except as provided in subdivision (c) and notwithstanding subdivision (a) of Section 489, every person …

California Penal Code § 244.5 PC prohibits committing assault using a stun gun (or other less dangerous weapons). Prosecutors can press PC 244.5 charges as a misdemeanor or a felony. (Felony penalties are more severe if the victim was a police officer or firefighter.) The text of the statute is as follows: 244.5.  (a) As …

California Penal Code 23900 PC makes it a crime to change or remove a firearm’s identifying information without written permission from the Department of Justice. Violating PC 23900 is charged as a felony with a sentence is 16 months, two years, or three years in county jail. The text of the statute reads: 23900.  Any person …

California Penal Code 247(a) PC is the state law making it a crime to deliberately shoot a gun at an unoccupied airplane or helicopter. Violating PC 247(a) is a felony carrying 16 months, two years, or three years in prison. The statute reads as follows: 247(a).  Any person who willfully and maliciously discharges a firearm …

California Penal Code 267 PC is the state law prohibiting abducting children under 18 for the purpose of prostitution. Violating PC 267 is a felony carrying up to three years in state prison, up to $2,000 in fines, and lifetime registration as a sex offender. The complete text of the code section reads as follows: …

California Penal Code 315 PC prohibits people from living in or maintaining a brothel for prostitution. This crime is prosecuted as a misdemeanor, carrying up to six months in jail and/or up to $1,000 in fines. The statute reads: 315.  Every person who keeps a house of ill-fame in this state, resorted to for the …

Under California Unemployment Insurance Code § 2101, it is a criminal offense to make a false statement, fail to disclose a material fact, or use false identification to alter any benefit or payment. Unemployment insurance fraud can be prosecuted as either a felony or a misdemeanor. This is sometimes also referred to as “EDD fraud.” …

California Penal Code 186 PC is the first statute representing the “California Control of Profits of Organized Crime Act”, which outlaws criminal profiteering (also referred to as racketeering). The Act comprises nine statutes in all: Penal Codes 186 PC through 186.8 PC. The text of the code section reads: 186.  This act may be cited …

California Penal Code § 222 PC prohibits administering drugs to another person for the purpose of then committing a felony crime. This offense is itself a felony, punishable by a prison sentence of 16 months, two years, or three years. The language of the statute reads as follows: 222.  Every person guilty of administering to …

California Penal Code § 415.5. PC prohibits disturbing the peace on school and college campus grounds. Disturbing the peace at a school is prosecuted as a misdemeanor, carrying up to $1,000 in fines and/or up to six months in jail, depending on the defendant’s criminal history. The text of the statute reads as follows: 415.5.  …

California Penal Code 529.5 PC makes it a misdemeanor to knowingly possess, sell, make, or transfer fake government-issued driver’s licenses or IDs that a reasonable person would presume are real. Depending on the case, the punishment includes fines and/or up to one year in jail. The text of the law reads: 529.5.  (a) Every person …

California Penal Code 16470 PC defines dirks and daggers as knives which can be used as stabbing weapons. It does not matter whether the dirk or dagger has a handguard or how long the blade is. The entire statute reads as follows: 16470.  As used in this part, “dirk” or “dagger” means a knife or …

California Penal Code § 243.6 PC makes it a misdemeanor to commit battery against school employees. If the victim suffers injuries, however, then battery on a school employee can be charged as a misdemeanor or a felony. The full language of the code section reads as follows: 243.6.  When a battery is committed against a …

California Penal Code § 653x PC prohibits contacting 911 for the purpose of harassing someone else. As a misdemeanor, misusing 911 with the intent to harass carries up to six months in jail and/or $1,000 in fines (plus any unnecessary emergency response costs). The full language of the statute reads as follows: 653x.  (a) A …

California Penal Code 555 PC is the statute that prohibits trespassing on posted property. This offense is a misdemeanor that carries up to six months in county jail and/or up to $1,000 in fines. The full text of the statute reads as follows: 555.  It is unlawful to enter or remain upon any posted property …

California Penal Code § 243.1 PC makes it a crime to commit battery on a jail or prison guard. Battery on a custodial officer is a felony carrying 16 months, two years, or three years in county jail. The full language of the statute reads as follows: 243.1. When a battery is committed against the …