Alternative sentencing in California allows a defendant to serve a criminal sentence outside of traditional jail or prison custody. Instead of incarceration, the court may order supervision, treatment, monitoring, rehabilitation programs, or other structured conditions. Alternative sentencing is often...
It's important to understand the difference between a California arrest warrant and a search warrant. Warrants are a common tool used by law enforcement to investigate and arrest anyone who is thought to have committed a crime. It's important to understand there are two main types of types of war...
If you are pulled over on suspicion of Driving Under the Influence (DUI) under California Vehicle Code § 23152, an officer's request to perform field sobriety tests (FSTs) is often terrifying. Most drivers wonder whether passing these tests is actually possible or if they are simply designed to build a case against...
For the moment – but due to change, California law has a cash bail system under which defendants who appear in a Los Angeles criminal court are permitted to remain free into society pursuant to a bail bond. However, most criminal defendants don't have sufficient resources to post the entire cash ...
California has some of the strictest gun laws in the United States. There are laws that can impact your right to own or possess a gun – and other specific laws that allow for severe legal penalties if you commit certain California crimes with a gun. This law in famously known as California's “use...
After an arrest for criminal case in Los Angeles, your first appearance in court is almost an arraignment. There are several important steps taken at the arraignment that you need to know. It's the first stage of court proceedings and your first appearance in front of a judge where....
The criminal offense of “accessory after the fact” is described under California Penal Code Section 32. This statute makes it a crime to harbor, conceal, or aid another person you know committed a felony – or if you help them to avoid arrest, trial, or being convicted. In other words, an accessor...
The misdemeanor crime of “trespassing” is described under California Penal Code Section 602. In basic terms, this law prohibits someone from entering or remaining on someone else's property without permission. There are a wide range of situations where criminal trespassing could occur. For instan...
Corporal injury to spouse or cohabitant charges are defined under California Penal Code Section 273.5 PC. This crime involves willfully inflicting a physical injury resulting in a traumatic condition on an intimate partner. Usually, the injuries are visible, but could also include internal injuries. Common examples of physical...
Grand theft auto, also known as “GTA”, is defined in California Penal Code Section 487(d)(1), which criminalizes the act of intentionally taking a vehicle belonging to someone else. In many GTA cases, when someone has been charged with grand theft auto, they will also face an additional charge o...
The crime of “embezzlement” is defined under California Penal Code Section 503, which describes this white collar offense as fraudulent appropriation of property by somebody who was entrusted. It is also commonly referred to as employee theft. Embezzlement is different than most common California...
California Penal Code 243(e)(1) PC defines domestic battery as using force or violence against a cohabitant, the other parent of your child, a current or former spouse, or a dating partner. A conviction for this misdemeanor is punishable by probation, fines, domestic violence classes, and up to one year in county jail...
Making criminal threats in California are covered under Penal Code Section 422. It's described as willfully making threats of great bodily injury or death to someone else – with an intent their statements were to be taken as a threat. It doesn't matter if there was ever an intent to actually carr...
Mental Health Diversion is a form of pretrial diversion that allows defendants, even in relatively serious felony cases, to potentially earn a dismissal of their charges through participation in a mental health counselling and treatment program. Mental Health Diversion is the newest form of diver...
In the state of California, after anyone has been accused of being involved in domestic violence or other incidents, the prosecutor will typically ask the court to issue a Criminal Protective Order, commonly known as a “CPO.” It should be noted that although the prosecuting attorney normally pet...
A former UCLA physician has been charged with sexual battery, which is the latest incident in a series of sexual related cases where trusted medical professionals have been accused of preying on college students. He surrendered to police and the Los Angeles County District Attorney's Office reque...
At Cron, Israels & Stark, our criminal lawyers have handled cases in where our clients were charged with child pornography in violation of California Penal Code Section 311. These felony sex crime charges included possession and distribution of child porn. In many of these cases, by the time our ...
Our Los Angeles DUI lawyers have defended many clients charged with felony driving under the influence charges due to injuries sustained by the other driver or passenger. In felony DUI cases where our client was driving recklessly with a high blood alcohol level causing an accident resulting in i...
California's law on possession of burglary is defined in Penal Code Section 466. This statute makes it a crime to be in possession of specific tools closely connected to burglary, when your possession of these tools is with the intent to break into any building, vehicle, or other structures.
The crime of “theft by false pretenses” is defined under California Penal Code Section 532. This statutes criminalizes the act of convincing someone to voluntarily give you anything of value after you used false or fraudulent representation. In simple terms, it means you lied or made false promi...
The crime of “brandishing a weapon or firearm” is described in California Penal Code Section 417. This statute criminalizes the act of drawing or exhibiting a deadly weapon in a threatening manner in the presence of another person. You don't have to have intent to harm anyone or even if an alleg...
The crime of “aiding and abetting” is described under California Penal Code Section 31. In general terms, it's providing some type of assistance in the commission of a crime – by doing or saying something to further unlawful activity. Aiding and abetting falls under the umbrella of the theory of ...
Police cannot legally pull you over without a valid reason. Under the Fourth Amendment, officers must have probable cause or reasonable suspicion that a traffic violation or crime has occurred before initiating a traffic stop. If police stopped you without legal justification — or improperly extended....
Under California Vehicle Code 23152, it's unlawful to drive under the influence of alcohol. A driver with a blood alcohol concentration (BAC) of 0.08 or higher is considered to be driving under the influence. A DUI conviction can carry harsh legal penalties, including fines, probation, community ...
As a former prosecutor, I have watched with dismay as the criminal court system ruins the lives of families where one spouse has been accused of domestic violence. There is no excuse for physical abuse, and it is surely the responsibility of the courts to protect families from domestic violence. ...
Cron, Israels & Stark is committed to answering your questions about All Misdemeanor and Felony Crime law issues in Santa Monica and Los Angeles, California.
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