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...
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...
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...
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...
Under California law, anyone arrested for a crime but not convicted can get their arrest records sealed and destroyed as a matter of right. It won’t appear on most criminal background checks after it has been sealed. It also means that any arrest records, such as the police report, jail booking photo...
The mental health diversion statute provides opportunities for pretrial resolution of serious felony cases. Beginning on January 1, 2020, criminal defendants in California Superior Court have been able to apply for mental health diversion under the new Penal Code § 1001.36. Mental health diversion...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
When a minor under the age 18 allegedly commits a crime in the state of California, their case will normally be handled through the juvenile court system. The same laws apply to illegal behavior by a juvenile as well as an adult, but the procedures and penalties used to process juvenile crimes is....
California Penal Code 314 PC describes the crime of indecent exposure as when a person willfully exposes their naked body or genitals to someone else who could be offended or annoyed in a public place. It should be noted that the act of “exposing” must be done with an intent to draw public...
By definition, rape involves having sexual intercourse with someone without their consent. In California, 18 is the age of consent, meaning anyone under age 18 is not considered legally old enough to give their full consent to sexual activity. PC 261.5 statutory rape is defined as having sexual...
Review of Penal Code 243.4 PC Sexual Battery Charges and Best Defenses. California defines the crime of sexual battery as the touching of the intimate parts of another person for the purpose of sexual gratification, arousal, or abuse, and can be filed as a misdemeanor or felony...
Review of California Penal Code 459 PC Burglary Charges and Defenses. Burglary is described as the act entering a residential or commercial structure, with intent to commit grand or petty larceny, or any other felony crime. Entry into the structure only has to be done with the intent of...
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