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Penal Code 21810 PC - Possession of Brass Knuckles

Posted by Sam Israels | Jun 15, 2024 | 0 Comments

California Penal Code 21810 PC makes it a crime to manufacture, import, sell, give, lend, or possess metal or brass knuckles, a "wobbler" that can be filed as a misdemeanor or a felony. Simply put, it is illegal to possess, make, or sell brass knuckles, also called metal knuckles. These are metal objects...

Can a Plea Deal be Reversed?

Posted by Sam Israels | Jun 06, 2024 | 0 Comments

Typically, after you plead guilty to a criminal offense in California, the terms of the agreement are binding, and you are not allowed to back out of the plea deal because you have changed your mind. Notably, however, there are limited situations where a plea bargain can be reversed in criminal cases recognized under...

How Do Prosecutors Prove “Intent to Distribute” Drugs?

Posted by Sam Israels | Jun 03, 2024 | 0 Comments

In drug-related criminal cases, "intent to distribute" controlled substances can often be proven with direct or circumstantial evidence. Sometimes, police will have direct evidence, such as you selling drugs to undercover police officers or your statements that you have drugs for sale. However, most drug-related criminal...

Should You Waive Your Right to a Jury Trial?

Posted by Sam Israels | May 20, 2024 | 0 Comments

A common question is whether waiving your right to a criminal jury trial is a good idea. The most direct answer is that it's possible. Sometimes, defendants in a criminal case might consider waiving their right to a jury trial in favor of a bench trial, in which a judge with a reputation for leniency decides guilt or innocence...

Difference Between Residential and Commercial Burglary

Posted by Sam Israels | May 13, 2024 | 0 Comments

A common question is, what is the difference between residential and commercial burglary in California? Burglary is divided into first-degree residential burglary (Penal Code 460 PC) and second-degree commercial burglary (Penal Code 459 PC). Burglary is when someone unlawfully enters a structure with intent...

Penal Code 653.2 PC - Cyber Harassment Law

Posted by Sam Israels | May 09, 2024 | 0 Comments

California Penal Code 653.2 PC makes it a misdemeanor crime to send electronic communications to place the recipient in reasonable fear for their safety or the safety of their immediate family. This could include sending text messages and emails or posting harmful information online. A conviction could result in up to one...

Does a PTSD Defense Apply to Criminal Charges?

Posted by Sam Israels | May 06, 2024 | 0 Comments

Defense lawyers have used post-traumatic stress disorder (PTSD) in California criminal cases based on insanity, unconsciousness, self-defense, diminished capacity, and sentencing mitigation.  Post-traumatic stress disorder (PTSD) is described as a psychiatric disorder that could occur in someone...

What is a Heat of Passion Defense?

Posted by Philip Israels | May 03, 2024 | 0 Comments

A “heat of passion” is generally described as killing another person during a sudden quarrel or being provoked and acting rashly and under the influence of intense emotion that obscures your reasoning or judgment. Also, the provocation would have caused an average person to act rashly without during a sudden...

What If a Criminal Case Is “Dismissed Without Prejudice?”

Posted by Sam Israels | Apr 27, 2024 | 0 Comments

A common question is, what does it mean when your criminal charges were “dismissed without prejudice?” Criminal cases can be dismissed “with prejudice” or “without prejudice.” Dismissal without prejudice is a legal term meaning that criminal charges have been dismissed but can be refiled by the district attorney at...

Will a Misdemeanor Appear on a Background Check?

Posted by Sam Israels | Apr 22, 2024 | 0 Comments

In California, a background check will typically reveal if somebody was convicted of a misdemeanor or felony, such as common crimes like driving under the influence (DUI) or Penal Code 243.4 PC domestic battery. A background check is when a potential employer obtains information about someone's history, including...

Can You Get a DUI for Taking Prescription Medication?

Posted by Sam Israels | Apr 08, 2024 | 0 Comments

California Vehicle Code 23152(f) VC is the statute making it a crime to drive under the influence of drugs (DUID), which is generally described as an inability to drive like someone sober under similar circumstances because of any type of drug, such as legally prescribed or over-the-counter medication. Simply put, you can be...

How Can You Clear and Remove Warrants?

Posted by Sam Israels | Mar 12, 2024 | 0 Comments

Suppose you have an active warrant in California. In that case, you could be arrested during a police officer contact at a traffic stop. It can also have an impact on your background check for employment. Sometimes, for serious felony warrants, perhaps the police will even come looking for you to...

Motion to Vacate Judgment - Penal Code 1473.7 PC

Posted by Sam Israels | Feb 22, 2024 | 0 Comments

California Penal Code 1473.7 PC is the statute that allows you to file a motion to vacate a judgment in a criminal case based on prejudicial error or newly discovered evidence. In other words, suppose you were wrongfully convicted of a crime in California. In that case, you can file a motion to ...

False Report of Auto Theft - Vehicle Code 10501 VC

Posted by Sam Israels | Jan 22, 2024 | 0 Comments

California Vehicle Code 10501 VC is the statute that makes it a crime to file a false auto theft report. Most violations are misdemeanors that carry up to six months in county jail and a fine of up to $1,000. Suppose you falsely report a crime, such as someone stealing your car. In that case, it’s considered a waste of law...

Unlawful Assembly - Penal Code 408 PC

Posted by Sam Israels | Jan 04, 2024 | 0 Comments

California Penal Code 408 PC is the statute making it a misdemeanor crime for someone to participate in an unlawful assembly, which is two or more people gathering to do something illegal or a violent lawful act. Related Penal Code 407 PC defines an unlawful assembly as “Whenever two or more persons assemble to do an...

DUI Chemical Test Refusal Penalty - Vehicle Code 23612 VC

Posted by Sam Israels | Jan 01, 2024 | 0 Comments

California Vehicle Code 23612 VC requires motorists arrested for DUI to submit to a breath or blood test and presumes drivers give implied consent to testing. If you refuse a chemical test, you will face a minimum one-year driver's license suspension. Under California's implied consent law, anyone who drives a motor...

Auto Theft with a Prior - Penal Code 666.5 PC

Posted by Sam Israels | Nov 24, 2023 | 0 Comments

California Penal Code 666.5 PC is a sentencing enhancement statute increasing the penalties for repeat auto theft offenses. Simply put, the fines and jail time can be increased under this law if you are convicted of auto theft for a second or subsequent time. This law is designed to deter repeat grand theft auto offenders...

Participating in a Riot - Penal Code 404 PC

Posted by Sam Israels | Nov 10, 2023 | 0 Comments

California Penal Code 404 PC prohibits someone from participating in a riot. A “riot” can occur when two or more people acting together use force or violence to disturb the public peace or when they make threats to use violence with the ability to execute their threats. To prove you guilty of violating PC 404, however...

Illegal Dumping of Waste - Penal Code 374.3 PC

Posted by Sam Israels | Sep 30, 2023 | 0 Comments

This California law prohibits the unauthorized disposal of garbage, waste, and other material on public or private property, known as illegal dumping, and it’s defined under Penal Code 374.3 PC. Simply put, it's illegal to dump garbage and other waste matter in unauthorized places or in an unauthorized manner...

Malicious Mischief to a Vehicle - Vehicle Code 10853 VC

Posted by Sam Israels | Aug 19, 2023 | 0 Comments

In California, entering someone’s vehicle or climbing on it without permission to tamper with the controls or to cause damage is a crime. It’s codified under Vehicle Code 10853 VC and called malicious mischief to a vehicle. This statute applies to vehicles and anything attached to it, such as license plates, hood...

Penal Code 141 PC - Planting or Tampering with Evidence

Posted by Sam Israels | Jul 01, 2023 | 0 Comments

California Penal Code 141 PC makes it a crime to tamper with or to plant evidence in any legal matter. Since evidence is often crucial in criminal cases, tampering is considered a serious offense. PC 141 says, “(a) anyone who knowingly, willfully, intentionally, and wrongfully alters, modifies, plants, places...

False Identification to Police Officer - Penal Code 148.9 PC

Posted by Sam Israels | Jul 01, 2023 | 0 Comments

n California, suppose a police officer lawfully detains you and asks you to identify yourself. In that case, under the law, you must tell them the truth. If you provide a false name, you just committed a crime. Penal Code 148.9 PC is the statute that makes it a misdemeanor to provide false identifying information...

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