What is a rap sheet? — Key information you need to knowWatch this video on YouTube A rap sheet is an official record of your misdemeanor and felony arrests and convictions from throughout the United States. It also goes by the terms criminal history record or Record of Arrests and Prosecutions (“RAP”). You can request …
Penal Code 647.6 PC – The crime of "annoying or molesting a child" LEGAL ANALYSISWatch this video on YouTube California Penal Code § 647.6 PC makes it a crime to annoy or molest a child under 18 while motivated by a sexual interest in the child or children generally. This offense can be a misdemeanor or …
Are "large capacity magazines" legal in California? (Penal Code 32310)Watch this video on YouTube Under California law, large-capacity magazines (LCMs) are ammunition-feeding devices that can hold more than 10 rounds. Penal Code § 32310 PC makes it a crime to possess, transfer, sell, or make LCMs, no matter when you acquired them. There are exceptions …
Carrying a Concealed Weapon (firearm) | CA Penal Code 25400 PCWatch this video on YouTube California Penal Code § 25400 PC makes it a crime to carry a concealed firearm on your person or in a vehicle. Even if you have a CCW permit, carrying guns in most public places is prohibited. Carrying a concealed …
Simple "assault" in California | Penal Code 240 PCWatch this video on YouTube California Penal Code § 240 PC prohibits assault, which is the unlawful attempt – along with the present ability – to cause a violent injury to another person. An example is throwing a phone at someone, though it ends up missing. Violating …
LEGAL ANALYSIS — Arrested for sex with a minor? Advice from a former D.A.Watch this video on YouTube Penal Code § 261.5 PC prohibits statutory rape, which is having sexual intercourse with anyone other than your spouse younger than 18 years old – California’s age of consent. In court, statutory rape is more commonly called unlawful …
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 30305(a)(1) PC – Possession of Ammunition by a Person ProhibitedWatch this video on YouTube California Penal Code § 30305(a)(1) PC prohibits you from possessing ammunition if you are a convicted felon or otherwise banned from having firearms. Unlawful possession of ammunition can be charged as a misdemeanor or a felony with the …
Criminal negligence is conduct in which you ignore a known or obvious risk or disregard the life and safety of others. An example is a parent leaving a loaded firearm within reach of a small child. Federal and state courts describe criminal negligence as a form of recklessness, where you act significantly differently than an ordinary person …
Playlist: Exhibition of Speed and Street TakeoversWatch this playlist on YouTube California Vehicle Code § 23109(a) VC makes it a crime to participate willfully in a speed contest. A “speed contest” is where two or more motor vehicles race on a public street, highway, or freeway. It can also refer to racing against a timing device such as a clock …
California Penal Code § 415 PC prohibits disturbing the peace, which comprises: playing excessively loud music, fighting in public, or using certain offensive language or fighting words. Disturbing the peace charges can be filed as either a misdemeanor or a noncriminal infraction, as the following table shows: 415 PC Charge California Penalties Infraction Up to $250 …
"What is a misdemeanor?" Top 5 questions answered by a criminal defense lawyer and former prosecutorWatch this video on YouTube In California, misdemeanor crimes carry up to 364 days in county jail and $1,000 in fines. A misdemeanor is more serious than an infraction but less serious than a felony. Here are five key things to …
When Can Police Do a Search & Seizure in California? — Know Your RightsWatch this video on YouTube California search and seizure laws protect you from unreasonable police intrusion into your home, vehicles, person and other property. These protections are grounded in state law and the Fourth Amendment to the U.S. Constitution. If you are …
A stop-and-frisk (also called a “Terry stop“) refers to a controversial practice allowing police to temporarily detain and search you in a public place without a warrant. In California, law enforcement can conduct stop-and-frisks only if they have reasonable suspicion of criminal activity. Here are three key things to know: During a Terry stop, police …
How do "Search Warrants" work in California?Watch this video on YouTube In California, a search warrant is issued by a judge and authorizes law enforcement to search a person, a residence, a vehicle, a place of business, or any other specified area suspected of containing evidence of illegal activity. Search warrants must be based on …
Who Can Be Charged with "Identity Theft" in California? — Penal Code 530.5 PCWatch this video on YouTube California Penal Code § 530.5 PC prohibits identity theft, which is using someone else’s personal identifying information “for any unlawful purpose, including to obtain, or attempt to obtain, credit, goods, services, real property, or medical information without …
Playlist: Violation of Restraining Orders in CaliforniaWatch this playlist on YouTube California Penal Code 273.6 PC makes violating a valid protection order a misdemeanor, carrying up to one year in jail and/or $1,000. It does not matter if the person you were ordered to stay away from asks to meet with you. A second-time 273.6 …
Health and Safety Code 11364 HS — Possession of drug paraphernaliaWatch this video on YouTube California Health & Safety Code § 11364(a) HS makes it a misdemeanor to possess drug paraphernalia, with penalties of up to six months in jail and/or $1,000. A conviction can also result in the suspension of your professional license (such …
California Penal Code § 664 PC makes it a crime to attempt to commit a felony or misdemeanor but then fail to achieve the criminal objective. An attempt generally carries half the sentence you would have received had you succeeded in committing the intended crime. Examples of attempted crimes are: trying to commit rape, but the victim …
Penal Code 246 – "Shooting at an Inhabited Dwelling or Occupied Vehicle"Watch this video on YouTube California Penal Code § 246 PC makes it a felony crime to discharge a firearm at an inhabited home or an occupied vehicle. Penalties include up to seven years in prison and up to $10,000 in fines, though the sentence …
Penal Code 290 PC — The crime of "failure to register as a sex offender" LEGAL ANALYSISWatch this video on YouTube California Penal Code § 290 PC requires you to register as a sex offender with local authorities if you get convicted of certain crimes, primarily sex offenses. Registration must be renewed every five years …
Carrying a Loaded Firearm – CA Penal Code 25850 PCWatch this video on YouTube California Penal Code § 25850 PC makes it a crime to carry a loaded firearm in a public place, on a public street, or in a motor vehicle. This is generally a misdemeanor punishable by up to one year in county jail and/or $1,000, …
Penal Code 148.9 PC – Busted for giving cops a false ID?Watch this video on YouTube California Penal Code § 148.9 PC makes it a misdemeanor to provide false identification to a police officer if you are being detained or arrested. The penalties are up to six months in jail and/or a fine of up …
Falsely accused of "Sexual Battery" in California?Watch this video on YouTube California Penal Code § 243.4 prohibits sexual battery, which is touching another person’s intimate parts without consent and for the purpose of sexual gratification, arousal, or abuse. Also called “sexual assault,” sexual battery is usually a misdemeanor but can be a felony if the …