Blog

In October of 2021, California’s state legislature officially enacted Assembly Bill 1171, which, among other things, repealed the state’s “spousal rape” law, formerly California Penal Code 262 PC. This act makes spousal rape subject to the same penalties as non-spousal rape defined under California...

If you are charged with a crime, the prosecution has a constitutional duty during the discovery phase to disclose all material evidence concerning your case—not just the evidence it has against you, but any exculpatory evidence that might work in your favor. If you or your attorney suspect the...

It is illegal to produce, possess, receive, or transport certain explosives in California. The law on this is outlined in the state Health and Safety Code 12085 which says “Nobody shall make, possess, or transport any explosive in a manner prohibited by any ordinance of a city, county, or by the laws or...

California Penal Code 667.71 PC imposes a sentence of 25-years-to-life in prison for habitual sex offenders. It’s defined as anyone convicted of certain sex crimes and then convicted again later of the same sex crime or another qualifying sex offense. The PC 667.71 habitual sexual offender law applies...

People often think of civil rights violations committed by government actors such as police or governmental employees. When these violations take place, remedies include evidence suppression and civil lawsuits. It is uncommon for a government actor to be criminally charged for a civil rights...

In California, conspiring with others to commit a crime is a serious offense in itself. So serious, in fact, that if you are convicted of criminal conspiracy under Penal Code 182 PC, you could be facing the same penalties as if you had committed the crime—whether or not you carried it out. A “conspiracy”...

It is a serious offense in California to prevent a witness or victim to a crime from reporting it to authorities or testifying concerning it. Intimidating or dissuading a witness, otherwise known as "witness tampering," may be charged as either a misdemeanor or a felony under Penal Code 136.1 PC...

California Penal Code 330 PC makes it a crime for engaging in gambling, also known as “gaming,” by use of a “banking or percentage game. Social poker games are completely legal in California, along with other socially played games of chance, skill, and strategy that involve individual bets. Penal Code...

In their mission to serve and protect, law enforcement officers have the authority to issue orders to people to execute their duties. When a person is approached by a police officer or pulled over by an officer for a suspected traffic violation, they are expected to follow the officer's orders. These orders might...

In the State of California, indecent exposure is considered one of the “lesser” sex crimes—a misdemeanor for the first offense—but the ramifications of a conviction can haunt you for many years to come. The penalties for a conviction depend on the circumstances of the offense and whether it is a first...

According to Penal Code 287 PC, it is a crime in California to engage in oral copulation with anyone under 18—even if the engagement is consensual and even if both parties are underage. PC 287 also applies if the oral copulation was completed by force, violence, or fear. This sexual-related crime is a...

In California, it is a felony to cause sexual penetration with a foreign object upon anyone against their will. According to Penal Code 289 PC, it is considered forcible sexual penetration when it is “accomplished against the victim’s will using force, violence, duress, menace, or fear of immediate and unlawful...

Sexual assault, also called "sexual battery," is a serious offense. Sexual assault crimes in California range from misdemeanor to felony offenses, but even a misdemeanor charge can carry serious long-term consequences if you are convicted. Not only could you be facing significant jail time and...

Under California Senate Bill 384, the sex offender registry rules changed on January 1, 2021, by creating a three-tiered approach to registration. Under prior law, a defendant convicted of specific sex-related offenses was required to register as a sex offender for life under California Penal Code 290...

Under Title 18, U.S.C, Section 1544, it’s a federal crime for anyone to knowingly use another person’s passport. Further, this statute also prohibits anyone to use a passport in a manner that violates the restrictions that govern its usage. In addition, it’s illegal for anyone to give someone a passport...

Visa fraud cases have significantly increased in the United States as government policies make it more challenging to enter the country. Many people enter the country using a visa obtained by using false information. Some will change their name and identity because they have a prior removal...

Regardless of custody disputes or impassioned disagreements, when one parent forcibly takes and conceals a child from the other parent in violation of their parental rights, it is tantamount to kidnapping. Every state has laws that make it a crime for a parent to kidnap their child to keep them from...

Kidnapping is a serious felony offense resulting in significant fines and prison time upon conviction. It is a federal offense under 18 U.S.C. 1201. It is also a crime under California Penal Code 207 or 209 PC. If you kidnap someone in California without crossing state lines, you will likely be tried under state...

It is a crime to commit lewd acts in public—meaning lewdness committed in public view or in the presence of others who might be offended. Penal Code 647a PC defines lewd conduct in public as touching your own or someone else’s genitals, buttocks, or female breast to gratify sexual desires when...

Relying on principles of contract law, the Court of Appeals in the case of People v. Palacios determined the trial court properly admitted statements made by a criminal defendant under a proffer agreement with the prosecutor because the defendant failed to meet his burden of establishing his statements... 

The imperfect self-defense theory in criminal law can avoid a murder conviction, and a life sentence if accepted by the jury. Our law firm has handled homicide cases where the evidence of intent was mitigated either by heat of passion or imperfect self-defense. In many instances, our clients have been...

Recently, criminal investigations for child pornography offenses have risen sharply in both state and federal courts. Normally, an alleged child porn case begins with an anonymous online tip to police from a peer-to-peer network or social media. Based on the information received, federal law enforcement...

The federal crime of bank robbery is defined under the United States Code Title 18, Section 2113 as part of a statute that also includes other theft-related crimes. Bank robbery is described as taking, using force or intimidation, any money or property under the custody and control of a bank, credit union... 

California Penal Code 647(b) defines the state’s prostitution crime as agreeing to engage in, or actually engaging in, any act of prostitution intending to receive something of value in exchange. Put simply, it’s a crime to make an offer to pay or accept money or something of value in exchange for a sexual...

California Penal Code 647(a) PC defines the crime of lewd conduct in public as the touching of your genitals, buttocks, female breast, or another person’s, in order to gratify sexual desires, when you knew, or should have known, other people were present and might be offended by your behavior...