Penal Code 262 PC – Can you be charged for raping a spouse in California?Watch this video on YouTube Penal Code § 262 PC is the former statute that made spousal rape a criminal offense in California. The law was repealed on October 8, 2021, by Assembly Bill 1171. Rape between spouses is now prosecuted …
Penal Code 537 PC — "Dine and dash" law in CaliforniaWatch this video on YouTube California Penal Code § 537 PC makes it a crime to defraud an innkeeper. This means using fraud to obtain food, fuel, services, or accommodations from a hotel, restaurant, or similar business without paying. PC 537 can be charged as petty …
California Penal Code § 417.6 PC defines the crime of brandishing, or waving, a firearm or other deadly weapon at another person and, in doing so, inflicting serious bodily injury on that person. Note that a “serious bodily injury” is less severe than a “great bodily injury.” The language of the code section reads as …
Business and Professions Code § 17511.9 prohibits “telemarketing fraud,” which is the use of a deceitful or fraudulent business scheme to sell a good or service by way of the telephone. This section can be charged as a misdemeanor or a felony and carries a potential jail sentence of up to 3 years. Examples Nicholas calls …
Penal Code 591.5 PC – Damaging a Communication device with intent to prevent helpWatch this video on YouTube Penal Code § 591.5 PC makes it a misdemeanor offense to damage or obstruct a communication device to prevent someone from using it to seek help. A conviction is punishable by up to one year in jail …
A pre-file investigation is when a criminal defense firm investigates allegations of criminal conduct against you before formal charges get filed. The objective is to gather exculpatory (favorable) evidence to take to the prosecutor in an attempt to prevent charges from being filed in the first place. The goal of the investigation is to gather …
In California, stealing someone else’s mail is prohibited by Penal Code § 530.5(e) PC. This section makes mail theft a misdemeanor offense, which can result in a maximum sentence of one year in jail and a fine of up to $1000.00 upon conviction. This language of the code section states that: “Every person who commits …
Vehicle Code § 34506 makes it a crime for a commercial driver to fail to comply with the rules adopted by the California Highway Patrol (CHP). A conviction is a misdemeanor punishable by up to 6 months in jail and fines of up to $1000.00. Officers sometimes write this citation as 34506 VC or 34506 CVC. …
"995 Motions" in California – Can They Get Your Felony Case Dismissed? Former Prosecutor ExplainsWatch this video on YouTube In California felony cases, a Penal Code 995 motion is where you ask the trial court judge to dismiss one or more counts because your preliminary hearing judge improperly let your case move forward. You file a …
Penal Code 24410 PC is the California statute that prohibits making, importing, selling, giving, or possessing “cane guns.” This offense can be charged as a misdemeanor or a felony and carries up to 3 years in county jail. The language of the statute reads as follows: 24410. Except as provided in Chapter 1 (commencing with …
Penal Code 549 PC is the California statute that makes it a crime for: a person to refer someone to an auto repair shop, or a shop to solicit business from someone when the person or shop knows that a fraudulent auto insurance claim will be submitted. PC 549 is one of several of California’s …
California Vehicle Code 21806 VC states that drivers in California must yield to emergency vehicles when they’re using: (1) sirens; and, (2) at least one visible red light. There are five important points to know about this code section. A proper yield under this section is when a driver slows and drives to the right-hand …
Penal Code 18720 PC – Possession of Destructive Device MaterialsWatch this video on YouTube Under California Penal Code § 18720 PC, it is a felony offense to possess materials for the purpose of making a destructive device. A conviction carries a penalty of up to 4 years in prison and a fine of up to …
Penal Code 171.5 — Bringing a weapon into an airportWatch this video on YouTube While California weapon laws are strict in general, they are especially strict at airports. Penal Code § 171.5(b) PC makes it a crime to have possession of certain weapons (including guns, box cutters, and grenades) within any sterile area of a …
Vehicle Code 21804 VC is the California code section that requires drivers to yield when entering a highway from an alley or driveway. Under this section, drivers exiting an alley or driveway must: Yield to all traffic that is “close enough to constitute an immediate hazard,” and Continue to yield until they can safely proceed. …
Vehicle Code 10803 VC — Buying or possessing vehicles with tampered VINsWatch this video on YouTube California Vehicle Code 10803 VC makes it a crime to buy or possess vehicles or parts of vehicles with altered vehicle identification numbers (VINs), for the purpose of engaging in their fraudulent resale or transfer. The language the statute …
"Can I be my own attorney?" — Faretta Motions & How to Represent Yourself in TrialWatch this video on YouTube A Faretta motion is a petition you file with the court seeking permission to represent yourself (to act as your own attorney) in a felony or misdemeanor criminal proceeding. This is commonly referred to as …
Playlist: Possession for Sale of a Controlled Substance — Health & Safety Code 11351 HSWatch this playlist on YouTube California Health and Safety Code § 11351 HS makes it a felony to possess a controlled substance with the intent to sell. The section applies to illicit street drugs, such as cocaine and heroin, hallucinogens like GHB, …
Who can be arrested for "False Advertising" in California?Watch this video on YouTube California has enacted some of the strongest consumer protection laws in the nation. One of them is Business and Professions Code § 17500. This section makes it a crime to engage in false or deceptive advertising to consumers about the nature of a …
California Veterans Court — How does it work?Watch this video on YouTube California veterans and active-duty military personnel suffering from trauma or mental health issues may be eligible for military diversion. This allows you to receive treatment in lieu of jail time and ultimately have the charges dismissed. Military diversion is a form of pretrial …
Penal Code 597 b PC makes it a misdemeanor offense to engage in cockfighting, defined as causing cocks (roosters) to fight or be injured for amusement or profit. A conviction is punishable by up to one year in jail and up to $10,000 in fines. 597b states that “any person who, for amusement or gain, causes …
Business and Professions Code 7028.1 makes it a crime to perform asbestos-related work without certification, or to install or remove an underground storage tank without certification. The full language of the code section reads as follows: 7028.1. It is a misdemeanor for any contractor, whether licensed or unlicensed, to perform or engage in asbestos-related work, …
Penal Code 527 PC is the California statute that makes it a crime for a person to sell, offer to sell, print, publish or distribute a fake court order. The language of the code section reads that: 527. Any person who shall sell or offer for sale, print, publish, or distribute any paper, document or written, typed …
Vehicle Code 22100.5 VC is the California statute prohibiting a U-turn at a controlled intersection with a “no U-turn” sign. A violation is an infraction with a fine of up to $234.00 plus court costs, and one point on the person’s driver’s license. The language of the statute reads as follows: 22100.5. No driver shall make …
Juvenile “delinquency” and juvenile “dependency” are two separate court systems in California. The juvenile delinquency system is concerned with minors charged with crimes. The juvenile dependency system focuses on minors who have been abused, abandoned or neglected. The general rule is that minors must be classified within one system or the other, but not both …