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You can violate California Penal Code 261 PC rape law if you have non-consensual sexual intercourse with someone using physical force or threats. To consent, someone must act freely and voluntarily and know the nature of the act. Sexual intercourse generally means any sexual penetration, no matter how slight...

A common question is whether California has a "Romeo and Juliet" law, which says it's not always a crime to have sex with a minor. The primary purpose of this law is to have an exception for close-in-age young people to have sex without committing a crime. Many states have Romeo and Juliet laws that generally say that...

Let's review a common question of which self-defense weapons are permissible in California. All states recognize the right to self-defense, but there are limits on the weapons a person can legally possess. Sometimes, people find themselves in legal trouble over firearm-related matters, so it's essential to understand the...

In California, the age of consent plays a crucial role in determining when somebody is legally able to give their consent to engage in sexual activities. California's strict age of consent rule is frequently misunderstood or ignored, eventually leading to serious legal consequences. The age of consent is 18 years of age...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

California Penal Code 12022.3 PC is a firearm sentencing enhancement for someone who uses or possesses a gun during the commission of some sex crimes, such as Penal Code 261 PC rape, Penal Code 286 PC sodomy, and Penal Code 288 PC lewd acts with a minor. These enhancements will expose the defendant to a certain...

California Penal Code 1473.7 allows individuals who are no longer in criminal custody to file a motion to vacate a conviction or sentence. This law provides a powerful legal remedy for people who were wrongfully convicted or who did not fully understand the immigration consequences of a guilty or...

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...

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...

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...

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...

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...

Suppose you intentionally obstruct a public business establishment after being asked to leave. In that case, you could be charged with violating Penal Code 601.1 PC, a misdemeanor crime. Your guaranteed freedoms under the United States Constitution do not apply when you intentionally and deliberately...

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...