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CRIMINAL LAW BLOG

Police Officer Filing a False Report - Penal Code 118.1 PC

Posted by Dmitry Gorin | Sep 02, 2022 | 0 Comments

The testimony of a police officer is highly significant when it comes to prosecuting criminal charges; for that reason, they are held to a high standard of accountability when filing reports regarding criminal activity. In fact, Penal Code 118.1 PC makes it a crime for a peace officer to knowingly...

What Are the Degrees of Murder?

Posted by Dmitry Gorin | Aug 31, 2022 | 0 Comments

In the state of California, murder is defined under Penal Code 187 PC as killing another human being "with malice aforethought." However, there are plenty of other circumstances that determine whether a defendant accused of murder will be charged with first-degree or second-degree murder...

What is Being an Accessory After the Fact?

Posted by Dmitry Gorin | Aug 29, 2022 | 0 Comments

According to California law, if you know someone has committed a felony and you willfully hide them or aid them in evading capture or being brought to justice, you could face prison for being an accessory after the fact. This law is embodied in Penal Code 32 PC, which makes it a crime to assist a known...

"10-20-Life" Gun Enhancement Law - Penal Code 12022.53 PC

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

The state of California has one of the strongest sentencing enhancement laws in the country regarding using a firearm to carry out a crime. This law, embodied in Penal Code 12022.53 PC, is commonly referred to as the "10-20-Life" law or the "use a gun and you're done" rule. In short, if you're convicted...

What Are the Street Racing Laws?

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

In California, it is illegal to participate in any street racing, drag racing, or speed contest on a public street, road, or highway, including acceleration contests, speed exhibitions, or any other form of street racing. In most cases, these types of crimes are prosecuted under Vehicle Code 23109 VC speed contest...

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...

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