In California, Penal Code 207 PC defines the serious felony crime of “kidnapping” as moving somebody a substantial distance, against their will, using force or fear. PC 207 is usually called “simple kidnapping” and is a felony offense that carries up to eight years in state prison. Penal Code 209 PC, a related,,,
Under California Penal Code 242 PC, the crime of “battery” is described as willfully and unlawfully using force against someone. The victim of the battery doesn’t have to suffer a physical injury as the main “element of the crime” is that you offensively touch somebody. The closely related crime of...
California Penal Code 459 PC defines burglary as entering a residential or commercial structure, or a locked vehicle, with the intent to commit petty or grand theft or a felony crime. Put simply, the very moment you go into a structure with criminal intent; you have now violated PC 459 burglary laws...
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 endangerment arrest, charge...
Sexual battery is described as touching someone’s intimate parts without consent for the purpose of sexual gratification, arousal, or abuse. This sex crime in California is covered under Penal Code 243.4 and is commonly known as “sexual assault.” PC 243.4 sexual battery is touching somebody's intimate parts...
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) PC describes the crime of resisting or obstructing a police officer who is performing their lawful duty, which is known as “resisting arrest.” The statute also includes emergency medical professionals in the statutory language. When most...
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...
Review of a Serna Motion in California to Dismiss Criminal Charges for Lack of Speedy Prosecution A Serna motion can be filed for lack of a speedy trial to ask judge to dismiss charges. In California, a “Serna motion” (known as speedy trial motions) is a legal motion to dismiss misdemeanor or fe...
In the state of California, domestic violence is one of the most common prosecuted crimes under various criminal law provisions. Its general definition is an attempt or threat to use physical force against an intimate partner. In Los Angeles criminal courts, domestic violence allegations are taking...
California Penal Code 186.22 PC, gang enhancement laws, says that anyone who willfully participates in gang activities or joins other members while carrying out a crime could be face additional prison time if convicted. PC 186.22 state that anyone who participates in a gang can face an enhanced ...
After someone is arrested by police, one of their first thoughts is whether they will be able to post bail in order to get released from custody as quickly as possible. When someone is arrested for a California state crime, they are normally allowed to post a cash bond, which is most often achiev...
Extradition is a process where a fugitive from justice is brought back from another state or country into California. It's a very common occurrence for a defendant in a criminal case in one jurisdiction to be arrested by law enforcement in another jurisdiction because: they fled to avoid gett...
There are different levels of crimes in the state of California, including an infraction, misdemeanor and a felony, which is the most serious crime. This article will review misdemeanor crimes and how criminal courts and prosecutors handle these types of cases. A California misdemeanor is a crim...
Felony crimes in California are described as any offense that can result in a maximum sentence of over one year in jail. In California, any criminal offense that can result in a maximum sentence of more than one year is considered a felony crime. Also, anyone convicted of a felony crime in Calif...
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...
In the context of fighting a domestic violence charge in California, the “best defense” means a strategy most likely to result in a favorable plea agreement from the prosecutor or an acquittal at trial. If you are fighting a domestic violence charge in Los Angeles, you need a defense lawyer who ...
If you decide to resist police while they are in the performance of their lawful duties, it will make a bad situation much worse. The crime of resisting arrest in California is defined under Penal Code 148 PC. In California, the most common charge related to resisting arrest is Penal Code Sectio...
One aspect that is unique to domestic violence cases in Los Angeles is the court issuing a criminal protective order against a defendant. If you were charged or convicted of a domestic violence related crime, then you will normally be subjected to a protective order that will prohibit contacting ...
If you have an active warrant in California, it might be possible to clear the warrant without having to spend time in jail. If you have an active California bench or arrest warrant, you might have the option of getting the warrant recalled without having to make a court appearance, post a bail,...
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