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Inciting a Riot in California - Penal Code 404.6 PC

Posted by Dmitry Gorin | Nov 30, 2022 | 0 Comments

The rights of freedom of speech and peaceable assembly are guaranteed under the U.S. Constitution for every citizen. However, when someone incites violence in an assembly in the name of free speech, the State of California considers it a crime. Inciting a riot is a misdemeanor...

False Identification to Police Officer - Penal Code 148.9 PC

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

In California, if a law enforcement officer detains you and asks you to identify yourself, you are legally obligated to answer them truthfully. As tempting as it may be, if you falsely identify yourself to evade the police investigation, you're committing a crime. California Penal Code 148.9 PC makes it a...

Driving Over 100mph on a Freeway - Vehicle Code 22348(b) VC

Posted by Dmitry Gorin | Nov 03, 2022 | 0 Comments

Exceeding the speed limit on any California highway, generally 65mph, can get you a traffic ticket and points on your driving record. But if your speed exceeds 100mph, the offense jumps into another category. California has a specific law, Vehicle Code 22348(b) VC, that imposes stiffer penalties if caught...

Difference Between BAC and Zero Tolerance in DUI Cases?

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

There is understandably a bit of confusion among California drivers as to whether or when they can be charged with Vehicle Code 23152 VC driving under the influence. On the one hand, most people familiar with DUI understand that California recognizes a blood alcohol concentration (BAC) of 0.08...

Are Escorts Legal in California?

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

The question about the legality of escorts in California can be a bit confusing, especially considering that many people equate escort services with prostitution. The truth is, there is a difference between an escort and a prostitute, but there is also a fine line between the two that, when crossed...

Dogfighting Laws in California - Penal Code 597.5 PC

Posted by Dmitry Gorin | Oct 18, 2022 | 0 Comments

California law is stringent against dogfighting—to the extent that any activity connected with dog fighting, including being a spectator, is a crime in the state. The laws against dogfighting are embodied in California Penal Code 597.5 PC. If you are convicted of a crime under this law, you could face up...

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...

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