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California DUI Refusal (VC 13353): Refusal to take Blood, Breath, or Urine Sample Chemical test/DUI refusal charges can be very serious. Refusing to take a blood, breath, or urine sample will result in additional jail time served with longer license revocation periods. In addition, you will not be able to acquire a restricted license due Read More …
Multiple DUI Penalties (VC 23152) 1st DUI Offense: You can be jailed up to 6 months for your first DUI offense. Your license may be suspended for up to 6 months with probation lasting up to 5 years. You may also be required by the court to attend a court approved alcohol/drug treatment program. A Read More …
Driving with Suspended License (VC 14601): It is illegal to drive or operate a vehicle when you know that your license has been suspended or revoked. The most common reasons for suspension or revocation are due to DUI conviction(s), mental or physical disabilities, or the result of negligent driving, placing too many points on your Read More …
Driving without a License (12500 (a) vc): There may be several reasons as to why a person may be charged with driving without a valid license. It is illegal to drive a vehicle in the State of California if you never obtained a driver’s license, failed to renew your license upon expiration, or the state Read More …
Transportation for Sale (HS 11352): In order to be convicted under statute HS 11352, the prosecutor must prove beyond a reasonable doubt that you either: engaged in transporting, importing, selling, administering or giving away drugs in California, that you knew the drug was in your presence and that it is an illegal substance, and that Read More …
Possession of Marijuana: As of January 1, 2011 possession of marijuana (one ounce -28.5 grams or less) is an infraction, punishable by up to a $100 fine (plus fees), with no criminal record. Possession of more than an ounce of marijuana is punishable by up to one year in jail and a minimum fine of Read More …
Possession for Sale (HS 11351): It is a crime to possess narcotics in California. Possession for sale of controlled substance(s) is an even more serious crime. If you are found, by a police officer, with large quantities of a drug, packaging of the drug in separate baggies, scales, lots of cash, and/or the presence of Read More …
Grand Theft (PC 487): In California, the crime of theft is defined as the unlawful taking of someone else’s property. It is considered grand theft under Penal Code 487 if the property is valued over $950. If convicted of grand theft, you may face many repercussions to your professional and personal life. Examples of grand Read More …
Identity Theft (PC 530.5): Identity theft is one of the fastest growing crimes in California. Identity theft is essentially the taking of another person’s identify for use in an unlawful or fraudulent manner. Several unlawful examples of identity theft include (but are not limited to): to secure a personal financial benefit by using another person’s Read More …
Petty Theft (PC 484) & Shoplifting (PC 459.5) There are many forms of theft under California law. Theft, in the simplest form, is the unlawful taking of someone else’s property. When the property is valued under $950, the crime is considered petty theft under Penal Code 484. The separate offense of shoplifting, defined as Penal Read More …
Burglary – Commercial & Residential (PC 459): Penal Code 459 defines “burglary” as entering into a locked vehicle, room, or structure, with the intent to commit a felony (or petty theft) once inside. Often referred to as “breaking and entering,” you can be charged with burglary even if there was no forced entry. Examples of Read More …
Embezzlement (PC 503): If you fraudulently appropriate property that belongs to someone else and has been entrusted to you, you can be charged and convicted of embezzlement, even if you borrowed it temporarily. Penalties (PC 503): Depending on the value that was stolen or borrowed, embezzlement in California is punished as California grand theft or Read More …
Forgery (PC 470): You can get arrested for forgery if you knowingly intended to commit any of the following: sign another person’s name on a document, fake someone’s handwriting, change or falsify a legal document (a will or deed), or fake a document pertaining to money, property, or finances. However, you are not guilty of Read More …
Fraud (PC 484): A person who commits an act that results in unfair or undeserved benefit for yourself and/or causes loss or harm to another person, then you have violated California’s criminal fraud laws. Generally, there are two main motives for violating the statute: financial gain and/or to escape criminal culpability. Penalties (PC 484): Many Read More …
Assault (PC 240): Penal Code 240 states that an assault (simple assault) is an attempt to willfully commit violent injury on someone else. It is important to note that “assault” and “battery” are two distinct crimes; whereas in the case of battery, there was actual use of unlawful violence, assault is the attempt to do Read More …
Assault with Deadly Weapon “ADW” (PC 245): The California crime of assault with a deadly weapon is defined under Penal Code 245 as an act committed with a so-called “deadly weapon,” or by means of force to produce great bodily injury. Penalties (PC 245): This crime is considered a “wobbler,” meaning that the prosecutor may Read More …
Assault with Great Bodily Injury (PC 240(a)): Assault with “great bodily injury” refers to significant and substantial physical injuries. Emotional and financial do not fall under this category, nor do insignificant or even moderate injuries. It is also important to note that the injury does not have to be permanent or severe. However, damages such Read More …
Arson (PC 451/452): California’s arson laws make it a crime to willfully or recklessly set fire to any building, forest land, or property. Acting in a reckless manner is often called “reckless burning” or “reckless arson.” It is also a crime to set fire to your own property on fire if your property is a Read More …
Battery (PC 242): Battery is the actual use of force or violence on someone else. The legal definition is as follows: you touched someone else, willfully, in a harmful or offensive manner. If all three elements are not proven by the prosecutor, then you are not guilty of PC 242 battery. The second element, “willfully,” Read More …
Child Abuse/Endangerment (PC 273 (d)/PC 273 (a)): Penal Code 273(d) is known as “Corporal Injury on a Child,” or more commonly known as “Child Abuse.” There is also PC 273 (a), known as Child Endangerment, which differs from Child Abuse (where there must be physical harm done to the child). To be convicted under PC Read More …
Criminal Threats (PC 422): ‘Criminal threats’ is the crime of putting someone in fear. California Penal Code 422 PC defines the crime of “criminal threats” as the act of threatening to kill or physically harm someone and that person is placed in a state of reasonable fear for his/her safety, the threat is specific, and Read More …
False Imprisonment (PC 236): In order to be guilty of False Imprisonment in the state of California, the prosecutor must show that two factors were present, the defendant intentionally restrained another person or confined another person by violence and/or threats of violence, and, the defendant made the other person stay in a confined place or Read More …
Gang-Related Violence/Gang Enhancements (PC 186.22): Penal Code 186.22(a) is the crime of participation in a gang and Penal Code 186.22(b) is defined as the gang sentencing enhancement. The second part (b) is an actual sentence enhancement (an addition to the penalty) for anyone who commits a felony for the benefit of the crew. The first Read More …
Resisting Arrest (PC 148(a)(1)): California Penal Code 148(a)(1) describes the crime most commonly referred to as “resisting arrest.” In California, “resisting arrest” law prohibits you from willfully obstructing, delaying or resisting a law enforcement officer or emergency medical technician (EMT) while he/she is performing his/her duties. Penalties (PC 148): Resisting arrest in California is a Read More …
Child Pornography (PC 311.11): Child Pornography is a criminal defense that is defined as any visual depiction involving the use of a minor, or one appearing to be a minor, engaging in a sexually explicit conduct. Visual depictions include video, pictures, drawings, animations, film, photographs or computer-generated images or pictures. Child Pornography has become problematic Read More …
Engaging in or Soliciting Lewd Conduct in Public (PC 647 (a)): Under Penal Code 647 (a), it is illegal to engage in lewd or dissolute conduct in any place, or to solicit someone else to do so. Lewd conduct is defined as touching your private parts (or another person’s private parts) with the intention of Read More …
Failure to Register as a Sex Offender (PC 290 (b)): If you are required to register under California’s sex offender registration law, and you fail to do so, you may be convicted under CAPC 290, “Failure to Register as a Sex Offender.” California’s Sex Offender Registration Act (Also known as Megan’s Law), requires anyone who Read More …
Indecent Exposure (PC 314): California Penal Code 314 PC makes it unlawful to willfully expose your genitals to someone else with the intent by a desire to sexually gratify yourself or offend the other person. While the law is broad and vague, the statute has remained unchanged since its enactment centuries ago. Penalties (PC 314): Read More …
Prostitution & Solicitation (PC 647 (b)): California prostitution law under Penal Code 647 (b) PC prohibits: engaging in the act of prostitution, and offering (also known as “solicitation) or agreeing to engage in the act of prostitution. Under this statute, police officers are allowed to arrest the prostitute, the customer, and the middleman (otherwise referred Read More …
Rape (PC 261): California’s rape statute defines the crime of “rape” as nonconsensual sexual intercourse through the use of threats, force, or fraud. The sexual intercourse needs to be either against that person’s will, or without that person’s consent (such as, having sex with a female who is passed out drunk). For the act to Read More …
Penal Code 243.4 defines “sexual battery” as the illegal act of touching an intimate body part of another person for the purpose of sexual gratification, arousal or abuse. Depending on the circumstances, sexual battery can be treated as a misdemeanor or a felony. It may be charged as a felony if the victim was unlawfully Read More …
The second degree murder rule attaches to felonies that are both inherently dangerous, and not specifically included under the first-degree felony-murder rule. “Inherently dangerous” felonies are those that cannot be committed without creating a substantial risk that someone will be killed. For example, setting a car on fire that is found in close proximity to Read More …
The unlawful killing of another human being- homicide- may either be charged as murder or manslaughter. Murder requires “malice aforethought,” which means the defendant had expressed or implied malice and that there was a deliberate intent to commit murder. Under California law, there are three ways in which a person may be convicted of first-degree Read More …
Voluntary Manslaughter: When you kill another person during a sudden quarrel or in the heat of passion, you may be charged under Penal Code 192(a), California’s voluntary manslaughter law. The difference between voluntary manslaughter and first-degree murder is the absence of malice, since the killing is done spontaneously in a voluntary case. If convicted, you Read More …
California’s vehicular manslaughter laws (PC 191.5 & 192) punish acts of driving that kill another person when the driver drives in an unlawful way, with or without gross negligence, or drives during the commission of a lawful act which might produce death in an unlawful manner, or knowingly causes the accident for financial gain. Vehicular Read More …
Probation & Parole Violations If you violate the terms and conditions of your California misdemeanor or felony probation, you will have to attend a California probation violation hearing. Depending on the circumstances of your case, the judge may go several different routes: he/she may reinstate your probation with existing terms and conditions, he/she may change Read More …
The judge has the sole discretion in modifying the terms of probation. A modification request can be initiated by the judge, the defendant, or by the prosecutor. Depending on the circumstances of each case, a modification may or may not be helpful to the probationer. In order to be considered for early termination of probation, Read More …
Filing for bankruptcy can be a stressful task, one of which you should not have to do alone. Our experienced team of attorneys will thoroughly guide you through the daunting process of going through a bankruptcy. Bankruptcy laws are complicated and changing regularly due to new legislation laws. Seeking the right representation is crucial for Read More …