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CRIMINAL LAW BLOG

What Are the Prostitution Laws?

Posted by Dmitry Gorin | Jun 21, 2022 | 0 Comments

In California, prostitution is defined in Penal Code 647(b) PC as engaging in sexual conduct in exchange for money or other compensation. It is a crime both to commit prostitution and to solicit it. In other words, the crime applies both to the person who offers sexual services and the person who accepts...

What Are the Child Pornography Laws in California?

Posted by Dmitry Gorin | Jun 20, 2022 | 0 Comments

Child pornography is illegal in California under Penal Code 311 PC, the state’s primary statute that is used to file charges against someone. It is a crime to transport, duplicate, distribute, print, advertise, or have child pornography. It is also illegal to engage in the act of hiring, or attempting to hire, minors...

Asset Forfeiture Laws & How to Keep Your Property

Posted by Dmitry Gorin | Jun 17, 2022 | 0 Comments

The term “asset forfeiture” refers to the government’s right to take an individual’s property due to a reasonable suspicion that the property was acquired illegally or has been used to commit a crime. In forfeiture cases, the property owner has been convicted of a crime before having the property taken away...

What Are the Public Indecency Laws in California?

Posted by Dmitry Gorin | Jun 15, 2022 | 0 Comments

California Penal Code 314 PC lays forth laws regarding the act of indecent exposure, which is when a person purposely exposes themselves in front of another individual that may be offended by it under normal circumstances. PC 314 defines indecent exposure as “anyone who willfully and lewdly...

What is Sexual Battery by Restraint?

Posted by Dmitry Gorin | Jun 09, 2022 | 0 Comments

California Penal Code 243.4 PC defines sexual battery, also referred to as sexual assault. The two terms can be used interchangeably. The following constitutes an act of sexual assault, such as touching someone on an intimate part of their body, doing so against the person’s will, and with the intent to...

Committing a Felony While on Bail - Penal Code 12022.1 PC

Posted by Dmitry Gorin | May 11, 2022 | 0 Comments

If you are accused of a felony offense in California, you may be released on bail pending your trial—or in some cases, you might be released on your own recognizance, called an “OR release.” In this way, being released from custody is a matter of trust: the state chooses to trust you to show up for...

Addiction Mitigation Factors Related to Sentencing

Posted by Dmitry Gorin | May 10, 2022 | 0 Comments

If someone is convicted of a criminal offense in California, state law says what the maximum possible punishment could be. Judges decide what an individual’s minimum sentence is appropriate based on the facts and circumstances of a case and the criminal history of the individual convicted...

Mental Evaluations for Sex Crime Convictions - PC 288.1

Posted by Dmitry Gorin | May 05, 2022 | 0 Comments

In the State of California, if you're convicted and sent to prison for one or more sex crimes involving someone under age 14, the law requires the courts to obtain a mental health evaluation on you before agreeing to release you on probation. This law is embodied in California Penal Code 288.1 PC...

Hate Crimes Laws in California - Penal Code 422.6 PC

Posted by Dmitry Gorin | Apr 06, 2022 | 0 Comments

While many existing laws make it a crime to cause harm to someone else, the state of California specifically makes it a crime to do so based on a person's race, gender, sexual orientation, disability, religion, or other characteristics. These are referred to as "hate crimes" under California law. The hate...

What is the Rape Shield Law?

Posted by Dmitry Gorin | Mar 09, 2022 | 0 Comments

Rape shield laws exist across the country to prevent an alleged victim of sexual assault from having evidence of their past sexual conduct introduced at trial to demonstrate consent. The purpose of a rape shield law is to prevent an alleged sexual assault victim’s sex life from being put on trial. In California...

What Is False Impersonation?

Posted by Dmitry Gorin | Feb 21, 2022 | 0 Comments

California Penal Code 529 defines the crime of false Impersonation as using someone’s name or identity to cause them to harm or to gain an advantage unlawfully. This statute is also commonly known as “false personation.” Put simply, it’s illegal to pretend you are someone else to gain some benefit...

What are the Sex Offender Registration Rules?

Posted by Dmitry Gorin | Feb 10, 2022 | 0 Comments

In California, individuals convicted of specified sex crimes are required to register with local law enforcement in the city or municipality where they reside. This information is forwarded to the State Department of Justice (DOJ) for inclusion on a public database. Failing to comply with sex offender registration...

Is Indecent Exposure a Felony Crime?

Posted by Dmitry Gorin | Feb 08, 2022 | 0 Comments

Being convicted of a sex crime in the State of California carries with it many potentially severe repercussions, including fines, jail or prison time, and inclusion on the publicly accessible sex offender registry. But what about seemingly minor offenses like indecent exposure with no specific victim? Is indecent...

What is Sexual Battery?

Posted by Dmitry Gorin | Feb 07, 2022 | 0 Comments

Sexual battery, also known as sexual assault, is a crime in California under Penal Code 243.4 PC. While this is one of the few sex crimes that can be prosecuted either as a misdemeanor or a felony, called a “wobbler,” even a conviction for misdemeanor sexual battery can have significant repercussions...

Federal Insurance Fraud Laws

Posted by Dmitry Gorin | Jan 28, 2022 | 0 Comments

Insurance fraud usually involves using a fraudulent insurance claim to get benefits someone is not entitled to receive. This can include gaining a financial advantage from an insurance company or a state or federal governmental agency. Insurance fraud occurs in different ways and typically involves...

Federal Searches Without a Warrant

Posted by Dmitry Gorin | Jan 27, 2022 | 0 Comments

In the Bill of Rights, which contains the first ten amendments to the United States Constitution, citizens are guaranteed a right to privacy and protection from unlawful search and seizure. However, that doesn’t mean the FBI or other federal investigators won’t try to bypass that right or find exceptions to...

Federal Mailing Threatening Communication Laws

Posted by Dmitry Gorin | Jan 26, 2022 | 0 Comments

Under California law, it is a crime to threaten someone with harm under Penal Code 422 PC criminal threats law. It's also a crime to attempt to extort someone through threats or blackmail as defined under Penal Code 523 and 524 PC. But if you use the United States Postal Service to issue such a threat...

What Are the Environmental Laws?

Posted by Dmitry Gorin | Jan 25, 2022 | 0 Comments

There are several state and federal laws designed to protect environmental interests. Violations of these laws usually result in huge fines and other harsh penalties. If you were accused of specific environmental crimes, you could not only face some jail time but might also be ordered to pay the costs...

What is Obstruction of a Criminal Investigation?

Posted by Dmitry Gorin | Jan 24, 2022 | 0 Comments

Federal law not only prohibits certain types of activities but also legally protects the investigation of such crimes. If you interfere with an investigation in an attempt to hinder it, particularly by bribing a witness or alerting a financial or insurance client of a government subpoena of someone's records...

California Animal Abuse and Cruelty Laws

Posted by Dmitry Gorin | Jan 12, 2022 | 0 Comments

In California, animal abuse is defined under Penal Code 597 PC and can be charged as a misdemeanor or a felony, making it a wobbler crime. The statute describes this crime as maliciously killing, harming, maiming, or torturing a living animal. In other words, animal abuse occurs when any animal...

Appeals Court Upholds Carrying a Loaded Weapon Conviction

Posted by Dmitry Gorin | Dec 17, 2021 | 0 Comments

The case of People v. Flores (Appellate Case No. B305359). The Second Appellate District of the California Court of Appeal upheld defendant Marlon Flores’ conviction for violating California Penal Code 25850(a) PC carrying a loaded weapon, and an unregistered handgun. He entered in court a “no contest” plea to the charge...

Rape in Several California Statutory Forms

Posted by Dmitry Gorin | Sep 22, 2021 | 0 Comments

The serious felony crime of rape is described as non-consensual sexual intercourse by means of force, threats, or fraud. A rape conviction carries a sentence of up to 8 years in California state prison and a mandatory requirement to register as a sex offender for life. If the victim was a minor between...  

Review of California’s Embezzlement Laws

Posted by Dmitry Gorin | Sep 01, 2021 | 0 Comments

California Penal Code 503 PC defines the crime of embezzlement as the fraudulent appropriation of property by someone to whom it has been entrusted. The primary difference between an embezzlement offense and the typical theft related crime is the requirement that the property had been...

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