Criminal Defense

California Penal Code § 653y PC – Misusing 911

California Penal Code 653y PC imposes punishments for knowingly using 911 for non-emergency reasons. This offense is usually an infraction, but it can be charged as a misdemeanor if your intent was to harass someone. Legal Analysis California Penal Code 653y PC prohibits knowingly using 911 for any reason other than an emergency. Example: Betty …

California Penal Code § 4532 PC – Escape from Custody

California Penal Code § 4532 PC makes it a felony to escape from custody if you have been arrested, charged, or convicted of a crime. The penalties depend on the underlying crime you were in custody for and whether you used force or violence in the escape attempt. In this article, our California criminal defense …

California Penal Code § 37 PC – “Treason” Laws & Penalties

California Penal Code § 37 PC defines the crime of treason as warring against the state or adhering to its enemies. As a felony, treason carries the death penalty or life in prison without the possibility of parole. The entire text of the code section reads as follows: 37. (a) Treason against this state consists …

Evidence Code § 971 – Spousal/Marital Privilege

California Evidence Code § 971 EC is the “spousal privilege” rule, which means a husband or wife cannot be forced to testify in court against their spouse if they do not wish to. It does not matter whether the case is criminal or civil. The entire text of the statute reads: 971. Except as otherwise …

Penal Code § 241.6 PC – Assault on a School Employee

California Penal Code 241.6 PC makes it a misdemeanor to assault a school employee engaged in performing his or her duties. Penalties include up to $2,000 in fines and/or up to one year in county jail. The full text of the statute reads as follows: 241.6. When an assault is committed against a school employee …

NRS 484E.010 – Duty to Stop After an Accident Causing Death or Injury

Nevada Revised Statute 484E.010 makes it a category B felony to leave the scene of a car accident that caused bodily injury or death. Penalties for hit and run with injury or death include two to 20 years in prison and $2,000 to $5,000 in fines. The full text of the statute reads as follows: …

California Penal Code § 18.5 PC – Misdemeanor Sentencing

California Penal Code § 18.5 PC specifies that the maximum misdemeanor jail sentence is 364 days. When a statute for a misdemeanor crime claims that the maximum penalty is one year, the most the defendant can be jailed for is 364 days – not 365 days. The full text of the statute reads as follows: …

Evidence Code § 970 – Privilege not to testify against spouse

Evidence Code § 970 EC sets forth the marital privilege in California evidence law. Also called “spousal privilege”, the marital privilege allows spouses not to testify against one another in court or other legal proceedings. But the marital privilege cannot stop spouses from testifying against each other if they choose to do so. The full text …

Evidence Code § 1103 EC – Character Evidence of Crime Victim

California Evidence Code § 1103 permits the defendant in a criminal case to introduce evidence attacking the victim’s character to prove that the victim’s conduct aligns with their character. Though defendants in sex assault cases cannot introduce evidence of victims’ sexual past as proof that they consented to the sex acts. The full text of …

Evidence Code § 782 EC – Rape Shield Law Exception

Evidence Code § 782 EC is an exception to California’s Rape Shield Law in which defendants are permitted to attack their accusers’ credibility with evidence of their past sexual conduct. But before this evidence can be admitted, the defendant must file a written motion under seal, and the judge must hold a hearing to determine …

Penal Code § 193 PC – Punishment for Manslaughter

Penal Code § 193 PC defines the California penalties for manslaughter. Voluntary manslaughter carries 3, 6, or 11 years in prison. Involuntary manslaughter carries 2, 3, or 4 years in prison. Vehicular manslaughter carries up to 10 years, depending on the case. The full text of the statute reads as follows: 193. (a) Voluntary manslaughter …

Civil Infractions in Colorado (CRS 18-1.3-503)

Updated March 1, 2022 Civil infractions in Colorado carry a maximum fine of $100 and no jail time. The District Attorney has six months after the alleged infraction to file charges. And defendants charged with civil infractions are eligible for a bench trial but not a jury trial. The law creating civil infractions took effect …

NRS § 201.358 – Engaging in Prostitution after Testing Positive for HIV (repealed)

Now repealed, NRS § 201.358 was the Nevada law making it a category B felony for people who knew they are HIV-positive to solicit or engage in prostitution. The punishment included two to 10 years in prison and/or up to $10,000 in fines. Instead under NRS § 441A.180, it is now a misdemeanor for anyone …

“Aggravated” Intimidation of a Witness or Victim – CRS 18-8-705

Arrested for Aggravated Witness Intimidation in Colorado? 3 DefensesWatch this video on YouTube CRS 18-8-705 is the Colorado law that prohibits aggravated intimidation of a witness or victim, defined as using a deadly weapon to frighten a witness or victim in a legal case. Aggravated intimidation of a witness or victim is a class 3 …

Business & Professions Code 7028 BP – Contracting Without A License

California Business & Professions Code 7028 BP makes it a misdemeanor to contract without a valid contractor’s license. A first-time conviction is punishable by up to six months in jail and/or $5,000 in fines. And defendants are liable to their victims for any economic losses and restitution. The full text of the statute reads as …

Vehicle Code § 27360.5 VC – Seat Belts for Children 8 to 15

California Vehicle Code 27360.5 VC requires automobile drivers to ensure that their child passengers ages eight to 15 have seat belts on. But if the child’s parents or guardians are passengers in the car, the responsibility falls on them – and not the driver – to ensure the children are strapped in. The full text …

Colorado Revised Statute 18-4-505 CRS – First Degree Criminal Tampering

Colorado Revised Statute 18-4-505 CRS makes it a class 2 misdemeanor to commit first degree criminal tampering, which is tampering with public utilities or institutions providing health or safety protection with the intention to interrupt their services. Penalties for 1st-degree criminal tampering include up to 120 days in jail and/or up to $750 in fines. …

§ 17235 PC – Definition of a “Switchblade” in California

California Penal Code § 17235 PC defines a switchblade as a knife that resembles a pocketknife with a blade of 2 inches or longer that releases automatically by a flick of a button, pressure on the handle, a flip of the wrist, weight of the blade, or any other mechanism. It is a misdemeanor to …

Penal Code § 12020 PC – Possession of Certain Weapons and Explosives

Penal Code § 12020 PC is a repealed California statute that made it a crime to possess, sell, import, or manufacture certain generally prohibited weapons such as short-barreled rifles, ballistic knives, metal knuckles, and nunchucks. Although PC 12020 has been repealed, its laws have been re-codified as PC sections 16000 through 34370.1 The full text of …

Business & Professions Code § 2052 BPC – Practicing Medicine without a Certificate

Business & Professions Code § 2052 BPC prohibits the practice of medicine without being properly licensed by the Medical Board of California. The unauthorized practice of medicine can be charged as a misdemeanor carrying up to 1 year in jail and/or $1,000 in fines. Or it can be charged as a felony carrying a jail sentence …

Warrants in Colorado – A Guide to How It Works

There are three types of warrants in Colorado criminal cases: Arrest warrants, allowing police to apprehend criminal suspects; Bench warrants, allowing police to apprehend people for violating court orders; and Search warrants, allowing police to search for evidence of criminal activity. Judges have the power to issue and recall warrants. And defendants may be able …

California Vehicle Code § 22352 CVC – Prima Facie Speed Limits

California Vehicle Code § 22352 CVC sets the default speeding limit as 15 mph on any alley or during the last 100 feet of approaching a railway crossing or intersection. This section also sets the default speeding limit at 25 mph on any road or while passing a school or senior center. But this law …

California Penal Code § 490.2 PC – Petty Theft Definition

Penal Code § 490.2 PC is the California statute that defines petty theft as stealing up to $950 worth of money, property, or labor. As a misdemeanor, petty theft is punishable by up to one year in jail and/or up to $1,000 in fines. The full text of the statute reads as follows: 490.2. (a) Notwithstanding …

Fort Collins Colorado Criminal Defense Attorneys

Fort Collins Colorado Criminal Defense AttorneysWatch this video on YouTube Our Fort Collins criminal defense lawyers have years of experience fighting for dismissals and charge reductions of our clients’ felony and misdemeanor cases. In this article, our Colorado criminal defense attorneys discuss: 1. Where are people jailed after being arrested in Fort Collins? 3. Where …

Thornton Colorado Criminal Defense Attorneys

Our Thornton criminal defense lawyers have accrued years of experience getting felonies and misdemeanors dropped or lessened to more minor charges. In this article, our Colorado criminal defense attorneys discuss: 1. Where are people jailed after being arrested in Thornton? 3. Where is the Thornton Courthouse? 4. Who are the Thornton police? 5. Who prosecutes …