CRIMINAL LAW BLOG

Under California Penal Code 405 PC, it is a crime for anyone to participate in a riot willfully. However, for a prosecutor to prove you are guilty of participating in a riot, they must prove, beyond a reasonable, that you violated all the elements of the crimes. Penal Code 404 PC...

A preliminary hearing provides essential tools for the criminal defense team. For example, it allows them to cross-examine the government’s case, present defense evidence that argues for reduced bail and seek dismissal of the charges. When warranted, our law firm uses the “prelim”...

On March 25, 2021, the California Supreme Court handed down its highly-anticipated opinion in In re Kenneth Humphrey. This case has become emblematic of the growing political and legal opposition to using cash bail. As the court noted, the traditional use of cash bail recognizes...

California law prohibits the courts from imposing multiple punishments for the same criminal act as defined under Penal Code 654 PC. In other words, if your action violates multiple laws, you can be charged and convicted of multiple crimes for that one act, but you can only be...

While the act of suicide is not a crime in California, helping or encouraging someone to do so is a felony. This law is embodied in California Penal Code 401 PC. Unless you are a physician prescribing life-ending medication acting in accordance with the End of Life Option Act, if you...

Under normal circumstances, California is a "two-party consent state" regarding recording communications. In other words, one person cannot legally record the conversation without the other's knowledge or permission. In fact, doing so can get you charged with the crime of...

California's gambling laws primarily exist to protect the public from the risks associated with rigging and manipulating sporting events, whether it's to tilt the odds in one's favor or to guarantee others will lose. One key example of this unfair manipulation is when someone bribes...

While California gives parents a certain degree of autonomy in raising their kids, state law also has minimum requirements to ensure children are adequately cared for—including meeting minimum education requirements. Suppose a child in 8th grade or below misses more...

In the State of California, certain situations are effectively against the law to ask someone to buy you a drink. Under Penal Code 303a PC, it’s a misdemeanor to loiter in or near any bar or restaurant that sells alcohol for the purpose of asking patrons to buy you an alcoholic...

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...

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...

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...

On January 1, 2020, California criminal defendants could apply for mental health diversion under Penal Code 1001.36 PC, a pretrial diversion. This form of pre-plea diversion does not require a defendant to enter a guilty or no-contest plea before being placed on diversion. It could offer immigration or...

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...

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...

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...

In Vega v. Tekoh, the United States Supreme Court took under consideration whether a police officer’s failure to provide required Miranda warnings rose to a damages action under 42 U.S.C. §1983, which says a federal cause of action for “the deprivation of any rights, privileges, or immunities secured...

The Constitution protects the right of its citizens to assemble peacefully for protest. But when an assembly is deemed unlawful, most notably, when violence or the threat of violence occurs, police have the authority to disperse the crowd. If you are told by law enforcement to leave the scene of...

The State of California has stringent rules about alcohol on the grounds of its correctional facilities. it's a felony offense to bring any alcoholic beverage into a California penal institution. In fact, according to California Business & Professions Code 25603 BPC, it is a felony offense...

In 1994, California passed the “Three-Strikes” law through voter referendum, imposing a mandatory sentence of 25 years to life on defendants who have been convicted of three “violent” or “serious” felony offenses, which is codified in Penal Code 667.5 PC. In other words, certain felony crimes are...

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...

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...

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...

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...

If you are charged and convicted of two or more felonies related to fraud or embezzlement involving a minimum amount of money, the state of California allows for an automatic penalty enhancement that both imposes additional time in prison and the right to confiscate your assets to pay fines...