California Penal Code 459 PC defines burglary as entering a residential structure, commercial building, or locked vehicle with the intent to commit theft or another felony offense. A person can be charged with burglary even if no property was actually stolen. The crime occurs the moment someone...
Under California Health and Safety Code statutes, it’s a crime to possess, sell, or manufacture cocaine, which is frequently called “crack” and “coke.” Cocaine is a prevalent illegal drug in California, and authorities often charge people with cocaine-related drug crimes. Federal regulation places cocaine...
California Penal Code 207 PC describes the crime of kidnapping as moving someone a substantial distance against their will using force or fear. Penal Code 236 false imprisonment is similar to PC 207 kidnapping, but the difference is whether the victim was moved to another location required...
California Penal Code 273a PC defines the crime of child endangerment as the willful exposure of a child to unjustifiable pain, suffering, or danger. The child doesn’t have to be injured to face charges under this statute. Just exposing a child to danger could lead to a child....
Sexual battery is a criminal offense in California that involves touching another person’s intimate parts without consent for the purpose of sexual arousal, gratification, or abuse. The crime is defined under California Penal Code 243.4 PC and is commonly referred to as sexual assault...
California Penal Code 647.6 PC makes it a crime to annoy or molest a child under 18 years old while motivated by an abnormal sexual interest of the minor. This statute is commonly known as “child molestation.” The meaning or annoying or molesting is to become engaged in conduct that...
California Penal Code 148(a)(1) describes the crime commonly known as resisting arrest. This law makes it illegal to willfully resist, delay, or obstruct a peace officer or emergency medical technician while they are performing their lawful duties. Many people think resisting arrest only involves physically...
California Penal Code 136.1 PC describes the crime of dissuading or intimidating a witness or victim, which can be filed as either a misdemeanor or felony crime. This statute is often called “witness tampering.” Witness intimidation charges can be filed against someone for different types...
New Law in California Allows a Judge to Grant Diversion for Most Misdemeanor Cases Under Assembly Bill 3234. The state of California has significantly expanded an opportunity for diversion in most misdemeanor cases after Assembly Bill 3234 took effect on January 1, 2021. AB 3234 allows a defendant...
Probation has been reformed and changed in California and Assembly Bill 1950 provides substantial benefits to probationers in criminal cases. AB 1950 took effect January 1, 2021 and shortens the amount of probation time. Specifically, Assembly Bill 1950 shortens the length of probation in most m...
Sexting is normally described as exchanging sexually explicit pictures using a mobile device, but also includes stalking and harassment. When one of the people involved in the sexting is a minor, then it could lead to criminal charges. The crime of sexting involves sharing sexually explicit picture...
A speedy trial motion in California, commonly called a Serna motion, is a legal request asking the court to dismiss criminal charges because the defendant’s constitutional right to a speedy trial was violated. The right to a speedy trial is protected by both the California Constitution and the Sixth...
Domestic violence is a serious criminal offense in California that can carry severe legal and personal consequences. Under California law, domestic violence generally involves the use, attempted use, or threat of physical force against an intimate partner, spouse, cohabitant, or family member. A conviction....
California Penal Code 186.22 PC establishes criminal penalties for participation in a criminal street gang and allows prosecutors to seek enhanced sentencing when a crime is committed to benefit a gang. Under this law, individuals who actively participate in gang activity or commit crimes in....
A bail hearing in California is a court proceeding where a judge decides whether a defendant should be released from custody while their criminal case is pending. During the hearing, the judge determines whether the defendant may be released on bail, released on their own recognizance, or kept...
When someone is charged with a crime in one state but arrested in another, the legal process used to return them to the charging state is called extradition. If you are arrested on an out-of-state warrant, you may be labeled a “fugitive from justice.” This does not mean you have been convicted of anything...
California law divides crimes into three main categories: infractions, misdemeanors, and felonies. Misdemeanors fall in the middle — more serious than infractions but less severe than felonies. A misdemeanor in California is a criminal offense punishable by up to one year in county jail, but not...
In California, a felony is a criminal offense punishable by more than one year in custody. Felonies are the most serious classification of crimes under California law and may result in state prison, county jail, substantial fines, formal probation, and long-term collateral consequences. California criminal offenses...
New Polices Offer Potential Resentencing Of Defendants Who Accepted a Plea Deal with LA District Attorneys' Office Based on new polices announced by the LA County District Attorney, many defendants are now eligible for a reduced sentence. The new Los Angeles District Attorney George Gascon has a...
Domestic violence charges in California are prosecuted aggressively—especially in Los Angeles County. Prosecutors face significant public pressure to file cases and secure convictions, even when evidence is weak or conflicting. The “best defense” in a domestic violence case is the strategy most likely to...
Resisting a police officer during an arrest in California can quickly turn a stressful situation into a much more serious criminal case. Even minor physical resistance or interference can lead to additional charges under California law. The most common resisting arrest charge is filed under...
A criminal protective order is one of the most immediate and life-altering consequences of a domestic violence case in California. In most Los Angeles domestic violence prosecutions, the judge issues a protective order at arraignment that restricts contact between the accused and the protected person.
If you have an active bench warrant or arrest warrant in California, you may be able to clear it without going to jail. In many cases, an experienced criminal defense attorney can recall or quash the warrant without you being taken into custody — and sometimes without you even appearing in court.
The criminal justice system in California normally requires an arrestee to post bail with the court in order to get released from custody. The primary purpose of requiring bail is to make sure the defendant will appear for their court appearances. How and when a defendant can post bail after get...
Our Los Angeles criminal defense law firm is frequently asked by defendants whether they should accept a plea bargain that was offered by the prosecutor. The correct response to this question is that it's rarely a simple answer because it will always depend on a wide range of different factors. ...
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