California - Page 65

Penal Code § 29900 PC – Violent Felons With Firearms

Penal Code § 29900 PC requires that violent felons convicted of firearm possession (PC 29800)1 serve a mandatory minimum of six months in jail if they are granted probation or a suspended sentence. Though the court may dispense with this jail requirement in “unusual cases.”2 The language of the code section reads as follows: 29900. …

California Penal Code § 4852 PC – Pardon Procedures

Penal Code § 4852 PC is the California statute that lays out the procedures for obtaining a certificate of rehabilitation and a pardon. Certificates of rehabilitation improve employment prospects. Pardons restore civil rights and possibly firearm rights. Penal Code 4852 PC states: 4852.01. (a) A person convicted of a felony who is committed to a …

§ 1382 PC – Speedy Trial Rights & Grounds for Dismissal

Right to a Speedy Trial "Can my case get dismissed?" — Penal Code 1382 PC in CaliforniaWatch this video on YouTube California Penal Code § 1382 grants defendants the right to be tried within 60 days of being charged with a felony. For a misdemeanor or infraction, one has the right to trial within 45 days …

Vehicle Code § 23612 VC – DUI Chemical Test Refusal Penalty

Vehicle Code 23612 VC is the California statute that requires motorists arrested for DUI to submit to a breath or blood test. The law presumes drivers give implied consent to testing. Arrestees who refuse to take chemical (breath or blood) tests face a minimum one-year license suspension. The language of the code section reads: 23612. (a) (1) (A) A …

California Penal Code § 23515 PC – Offenses That Involve the Violent Use of a Firearm

Penal Code 23515 PC is the California statute that imposes a lifetime ban on possessing, owning or purchasing firearms for people convicted of 3 offenses: (1) Assault with a firearm (PC 245(a)(2)), (2) firing into an inhabited dwelling (PC 246), and (3) brandishing (PC 417) at a peace officer. Otherwise, brandishing carries a 10-year ban. The language of …

Health and Safety Code § 11173 HS – Using Fraud to Get a Prescribed Controlled Substance

Health and Safety Code 11173 HS makes it a crime to use fraud or deception to obtain (or attempt to obtain) a prescription for a controlled substance. Prosecutors can charge this section as a misdemeanor or a felony. A conviction carries up to 3 years in jail. The offense is often referred to as “prescription fraud” …

Penal Code § 518 PC – California “Extortion” Laws & Penalties

California Extortion Laws | Penal Code 518 PCWatch this video on YouTube Penal Code § 518 PC defines the crime of extortion (also called blackmail) as using force or threats to compel (a) another person to hand over money or property, or (b) a public officer to perform an official act. Extortion is a felony that carries …

California “Hate Crimes” Laws

Under California hate crimes law, your motivation for committing a crime can matter a lot to your eventual sentence. This is because California’s hate crime statutes, beginning with Penal Code 422.55 PC, impose severe, additional punishment for harming, threatening or harassing someone because of the person’s Disability, Gender Nationality, Race or ethnicity, Religion, or Sexual …

Penal Code § 522 PC – Extortion of a Signature

Penal Code § 522 PC is the California statute that makes it a crime to obtain another person’s signature on a legal document by means of extortion. A conviction is a felony punishable by up to 4 years in jail or prison. The language of the statute reads as follows: Every person who, by any …

Vehicle Code 14601 VC – Driving with a Suspended License

Vehicle Code 14601 VC makes it a crime in California to drive a motor vehicle while your license is suspended or revoked. This is a misdemeanor that can carry up to 6 months of jail time and a fine of up to $1000 plus court costs. 14601 VC states that “No person shall drive a …

The Use of Informants in California Criminal Cases

Former DA: How to fight a police informant caseWatch this video on YouTube “Informants” are individuals who confidentially supply information about suspected criminal activity to the police.1 You may also hear informants referred to as “informers”2—or by less flattering terms such as “snitches,” “rats,” or “narcs” (a term originating in the use of informants in drug …

Penal Code § 26350 PC – Open Carry of Unloaded Firearm

How can I legally carry a firearm here in California?Watch this video on YouTube Carrying a concealed weapon or a loaded weapon are both illegal in Califonia, absent a lawful CCW. But Penal Code § 26350 goes a step further, prohibiting even the open carry of an unloaded handgun in a public place or a …

Labor Code § 132a – Retaliation for Workers’ Comp Claims

California Labor Code § 132(a) prohibits your employer from retaliating against you for filing a workers’ compensation claim. Employers who do so face misdemeanor charges. You can also be awarded money damages, including: lost wages, back pay, attorney fees, and possible reinstatement. In this article, our California employment law attorneys discuss the following topics: 1. …

Penal Code 19 PC – Misdemeanor Penalties in California

Penal Code § 19 PC is the California statute that specifies the sentencing for misdemeanor offenses. The standard sentencing is up to six (6) months in jail and/or up to $1,000 in fines. Judges rarely order jail for first-time offenders. Most cases settle without a trial. The language of the statute reads that: 19. Except …

Penal Code 288.7 PC – Law, Penalties, Best Defenses

Arrested for Penal Code 288.7 — Sex with a Child Under 10 Years OldWatch this video on YouTube Penal Code 288.7 PC is a California criminal statute that applies when an adult engages in sexual intercourse or penetration, sodomy, or oral copulation with a child under the age of 10. A conviction is a felony punishable …

Penal Code § 205 PC – Aggravated Mayhem – California Law

The crime of "mayhem" (Penal Code 203 PC & 205 PC)Watch this video on YouTube In Penal Code 205 PC, California law defines aggravated mayhem as intentionally causing someone a permanent disability or disfigurement, or to deprive the person of a limb, organ or member of the body. This offense is a felony punishable by life in state prison. The language of the code section reads: …

Penal Code § 26100 PC – Shooting From a Motor Vehicle – California Law

Penal Code 26100 – Drive-by ShootingWatch this video on YouTube Penal Code § 26100 PC prohibits either (a) willfully and maliciously discharging a firearm from your vehicle, or (b) allowing another person to bring a gun into your vehicle. This offense is generally prosecuted as a felony and is punishable by up to 7 years …

Penal Code § 236.1 PC – Human Trafficking – California Law

LEGAL ANALYSIS — Penal Code 236.1 PC – California's "human trafficking" lawWatch this video on YouTube Under Penal Code § 236.1 PC, the California crime of human trafficking is defined as depriving someone of their personal liberty either to obtain forced labor, to pimp or pander them, to violate California’s child pornography laws, or to …

§ 236 PC – False Imprisonment – California Law & Penalties

Penal Code 236 PC & 237 PC: The crime of "false imprisonment"Watch this video on YouTube California Penal Code § 236 PC defines false imprisonment as unlawfully restraining, detaining, or confining a person against his or her will. The crime can be charged as either a misdemeanor or felony and is punishable by up to …

Civil Extortion – Laws & Lawsuits in California

Can I sue someone for blackmailing me?Watch this video on YouTube Extortion (“blackmail”) is obtaining money or property by force or fear.1 Criminal extortion (Penal Code 518) is different from civil extortion. The state can convict defendants just for making a threat. But to win a lawsuit, the plaintiff must have paid the defendant. Receiving …

“Vicarious Liability” in California – A Guide to The Law

What Is "Vicarious Liability" in California Personal Injury Cases? — Top Injury Lawyer ExplainsWatch this video on YouTube Vicarious liability is a legal principle in which you can be held liable for the wrongful acts of third parties, such as your employees or agents. In California, if a court finds vicariously liable, you may be …

Penal Code § 269 PC – Aggravated Sexual Assault of a Child

Penal Code 269 PC – the Crime of "Aggravated Sexual Assault of a Child"Watch this video on YouTube Under Penal Code § 269 PC, aggravated sexual assault of a child is defined as committing a sexual act upon a child under 14 years of age, when the child is at least 7 years younger than the perpetrator. A conviction is …

Penal Code § 405a PC – Taking a Person from Custody by a Riot

California "Lynching" Laws (Penal Code 405a PC & 405b PC)Watch this video on YouTube Penal Code § 405a PC is the California statute that makes it a crime to remove someone from police custody by means of a riot. The offense is charged as a felony. Penalties can include up to four years in county jail. …

How to Apply for a “Certificate of Rehabilitation” in California

How to get a "certificate of rehabilitation" in CaliforniaWatch this video on YouTube A Certificate of Rehabilitation is a form of post-conviction relief in which a judge finds that you have been rehabilitated following a criminal conviction. In California, obtaining a certificate acts as an automatic application for a governor’s pardon.1 Other benefits of a California Certificate of …

Vehicle Code § 22450 CVC – Running Stop Sign in California

California Vehicle Code § 22450 CVC requires you to stop at stop signs. This code section also imposes specific rules as to exactly where you must stop at intersections and railway crossings. Under California law, rolling stops are not permissible. CVC 22450 says that you must come to complete stops. The full language of the …