Certain persons that were proven guilty of felony murder in California may be able to bring a petition for a reduction in their sentence. California’s new felony murder rule limits who can be prosecuted for felony murder to those who commit or intend to commit a killing. Specifically, under the new law, a person can …
Penal Code § 424 PC makes it a crime for a public officer or a trustee of public funds to misappropriate the funds for improper use. A conviction is a felony punishable by up to 4 years in jail or prison, fines of up to $10,000.00, and permanent disqualification from holding public office. Misappropriation of funds is most often charged against state …
Rideshare DUI? What is the legal alcohol limit for Lyft/Uber drivers?Watch this video on YouTube Vehicle Code § 23152(e) VC sets forth California’s DUI “per se” law for taxi, limo and ride-sharing drivers. These motorists are prohibited from driving with a blood alcohol concentration (BAC) of .04% or higher while a paying passenger is in the …
Penal Code 548 PC makes it a crime to injure, destroy, secrete, abandon or destroy property in order to file a fraudulent insurance claim. A conviction is a felony punishable by up to 5 years in jail or prison, and up to $50,000.00 in fines. Note that the statute is often cited as 548 PC …
California Penal Code § 417.25 PC makes it a crime to point a laser scope, or a laser pointer, at another person in a threatening manner. The offense is a misdemeanor with a penalty of up to 30 days in jail. The language of the code section reads as follows: 417.25. (a) Every person who, except …
Evading a Peace or Police Officer – California LawWatch this video on YouTube Vehicle Code 2800.3 VC is the crime prosecutors charge if you evade a peace officer and, in so doing, cause injury or death to another person. It can be a misdemeanor or a felony and is punishable by up to 7 years …
Vehicle Code 26708 CVC is the California statute that makes it illegal for you to engage in “window tinting.” This means either placing a material or object: directly in the windshield of a car, or its side or rear window; or, anywhere else in the car if it obstructs your (the driver’s) view. The language …
Under California Business and Professions Code § 25657, it is a criminal offense to permit people to loiter and solicit alcohol from patrons at a place of business where alcohol is sold and consumed. A conviction is a misdemeanor with a maximum sentence of up to 6 months in jail and up to $1000.00 in …
23578 VC: Penalties for High BAC/Refusing DUI TestsWatch this video on YouTube Vehicle Code 23578 VC is the California statute that allows a court to impose enhanced penalties in DUI cases involving an excessive BAC or a chemical test refusal. A high BAC is a blood alcohol concentration of 0.15 or higher. A test refusal …
Playlist: Squatting and Homelessness Laws in California Penal Code § 647e PCWatch this playlist on YouTube Penal Code § 647e PC makes it a misdemeanor offense when someone “lodges [commonly called “squatting“] in any building, structure, vehicle, or place, whether public or private, without the permission of the owner or person entitled to the possession …
"Forgery" in California – What is it and when is it a crime? Top Criminal Defense Attorney ExplainsWatch this video on YouTube Penal Code § 470 PC defines the California crime of forgery, which is falsifying a signature or seal or counterfeiting documents when doing so with fraudulent intent. Specifically, PC 470 makes it a crime …
California Penal Code 402 PC, subsection a, makes it a crime to sightsee at an emergency. This means to linger at the scene of an emergency in such a way that it hinders police and first responders from performing their functions. A violation of this law is a misdemeanor offense punishable by up to six …
California Business and Professions Code 7027.3 BPC makes it a crime to use a contractor’s license number in a fraudulent manner. This offense is a wobbler, which means that it can be prosecuted as a misdemeanor or a felony. The language of the code section states that: 7027.3. Any person, licensed or unlicensed, who willfully and intentionally …
Penal Code 24710 PC is the California statute that applies to wallet guns, or firearms mounted or enclosed in a case. Under this code section, it is a crime for a person to do any of the following with wallet guns: manufacture them; import them into California; sell, give, or lend them; and/or, possess them. …
California Vehicle Code 22400 VC — the minimum speed law — prohibits you from slowing or stopping as to impede the normal flow of traffic. You also cannot drive at below an established minimum speed limit. The language of the code section states that: 22400 VC. (a) No person shall drive upon a highway at …
California Vehicle Code § 23140 VC makes it an infraction for a person under the age of 21 to operate a motor vehicle with a BAC of .05% or greater. Doing so can result in fines, a driver’s license suspension and a mandatory alcohol education program. The language of the code section reads as follows: 23140. …
Business and Professions Code § 12024.2 BP is the California statute that makes it a crime for a person to take part in faulty or false pricing of a commodity. The full language of the statute reads as follows: 12024.2 (a) It is unlawful for any person, at the time of sale of a commodity, to …
Health and Safety Code 11362.5 is California’s Compassionate Use Act (“CUA”). It is also referred to as “Prop. 215” or “SB 240.” Although California legalized the use of recreational medical marijuana as of January 1, 2018, it did not replace the protections of California’s medical marijuana law. Recreational users age 21 and over may legally …
Hot to get a criminal conviction "pardon" in California?Watch this video on YouTube A pardon in California is a form of post-conviction relief granted by the governor if you were convicted of a crime but then demonstrated a high level of rehabilitation. Obtaining a pardon relieves you of some, but not all, of the collateral …
California Penal Code 20410 PC prohibits you from manufacturing, importing, selling, giving away, or possessing a belt buckle knife. This is defined as “a knife that is made an integral part of a belt buckle and consists of a blade with a length of at least two and one-half inches.” Examples of illegal acts under …
California Vehicle Code § 23152(f) VC makes it a crime to drive under the influence of drugs. This offense is usually a misdemeanor. But it can be a felony if someone is injured, or if you have at least one prior felony DUI or at least three prior misdemeanor DUI convictions. 23152(f) VC crime Incarceration Fine Ignition …
Penal Code 289.6 PC is the California statute that prohibits detention facility staff and contractors from engaging in sexual activity with an inmate. The offense can be charged as a misdemeanor or a felony, and is punishable by up to 3 years in jail or prison. The persons prohibited from sexual activity with an inmate …
Driving on the wrong side of the road is a crime in California. This law is found in California Vehicle Code 21651(b) VC. There are four main points to know about driving on the wrong side of the road in California: A person accused of VC 21651b can hire an attorney to fight the charge. …
Penal Code § 332 PC makes it a crime to use fraud to obtain another person’s money or property through card games, gambling, or fortune-telling. This includes cheating at games of chance or using false pretenses to win bets or wagers. The language of the statute reads as follows: 332. (a) Every person who by …
California Vehicle Code 23152(g) makes it a crime “for a person who is under the combined influence of any alcoholic beverage and drug to drive a vehicle.” The sentencing is the same as with DUI of alcohol or DUI of drugs. 1. What are criminal charges under Vehicle Code 23152(g)? Vehicle Code 23152(g) VC applies when your …