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...
California Vehicle Code 23153 defines the crime of DUI causing injury. Put simply, this statute makes driving under the influence more serious in a situation where someone was injured. It’s generally described as somebody driving under the influence of alcohol or drugs and then you cause physical...
Penal Code 273a PC describes California’s child endangerment crime as willfully placing a child in an endangering situation likely to produce the child’s great bodily harm or death. The statute also includes language prohibiting exposing a child under 18 to unjustifiable...
If you flee the scene of an accident, you can be charged with hit and run, a potentially serious offense that can result in major fines and jail time. There are two types of hit and run charges in the state of California. Vehicle Code 20002 VC defines a misdemeanor offense and Vehicle Code 20001 VC...
Review of Receiving Stolen Property Charges and Defenses. California Penal Code 496 PC describes “receiving stolen property” as when someone buys, receives, conceals, or sells any property they know is stolen. This theft crime statute can be filed as a either a misdemeanor or felony...
Review of Assault with a Deadly Weapon Charges and Defenses. California Penal Code 245(a)(1) PC describes the crime of assault with a deadly weapon as when someone attacks another person, or attempts, with a deadly weapon, or by a means that is likely to cause great bodily injury...
Review of California Penal Code 211 PC Robbery Charges and Best Defenses. The serious felony crime of robbery is described as felonious taking of personal property in possession of someone else, from their person or immediate presence, against their will, by means of force or fear...
Review of Penal Code 484e Credit Card Theft Charges and Defenses. This statute makes it a crime for someone to steal a credit or debit card, or the information on the card. PC 484e can be filed as misdemeanor or felony crime, depending on the amount of loss and other factors...
Review of Penal Code 518 PC Extortion Charges and Defenses. Extortion is a felony crime described as when a person uses force or threats to compel someone to give them money or property, or to compel a public officer to perform an official act and also commonly known as blackmail....
Review of Penal Code 503 PC Embezzlement Charges and Defenses. The white collar crime of embezzlement is described as the “fraudulent appropriation of property by a person to whom it has been entrusted.” PC 503 embezzlement is commonly called “employee theft” because the...
Review of California Penal Code 192(c) Vehicular Manslaughter Charges and Defenses. Under PC 192(c) PC, vehicular manslaughter charges can be filed by prosecutor when someone drives with ordinally or gross negligence or unlawful manner and then causes the death of another person....
Review of Penal Code 273a PC Child Endangerment Charges and Defenses. California Penal Code 273a PC describes the crime of child endangerment as willfully exposing a child under 18 years old to unjustifiable pain, suffering, or danger. It should be noted that you can be charged and convicted o...
Review of Penal Code 368 PC Elder Abuse Charges and Defenses in California. PC 368 describes the crime of elder abuse as physical or emotional abuse, neglect, or financially exploiting someone who is 65 years of age or older. In many cases, elder abuse falls under the category of domestic violence....
Review of Penal Code 487 PC Grand Theft Charges and Defenses in California. PC 487 describes defines grand theft as unlawfully taking another person's property that is valued at $950 or more. This theft crime is a “wobbler” that can be filed by the prosecutor as either a misdemeanor or felony...
Restoration of Sanity for Defendants Found Not Guilty by Reason of Insanity Our law firm has had several high-profile murder cases with successful, Not-Guilty-By-Insanity Verdicts (NGI). Both clients have been released from the mental hospital following treatment. When a criminal defendant in...
Ninth Circuit Panel Upholds Conviction for Former Correctional Officer Despite Government's Failure to Turn Over Exculpatory Evidence to Defense A three-judge panel of the Ninth Circuit Court of Appeals recently handed down its opinion in the case of United States v. David G. Bruce II, Case No. ...
California Court of Appeals Upholds Conviction of Defendant Whose Attorney Failed to Move for Imposition of Mental Health Diversion Prior to Sentencing The California Court of Appeals, First Appellate District, recently upheld the conviction of a defendant whose attorney failed to move for impos...
Ninth Circuit Contributes to Circuit Split in Civil Rights Law, Holding Police Officer's Obtaining of Un-Mirandized Statement May Give Rise to Civil Action Under § 1983. In the recent case of Tekoh v. County of Los Angeles, Case No. 18-56414, a three-judge panel of the Ninth Circuit Court of App...
AB 1950 and Subsequent Case Law Provide Substantial Benefits to Probationers in California Criminal Cases In order to address an ineffective supervision system, California Assembly Bill 1950 deals with the difficult issue of probation reform by aiming to restructure the system. This reform will...
California Court of Appeals Strikes Gang Allegations Based on Improper Gang Expert Testimony The California Court of Appeal, Second Appellate District recently struck gang allegations against defendant and appellant Leonard Lejohn Gonzalez in appellate case number B297509. The court's holding ...
California Court of Appeals Grants New Trial for Defendant Based on Improper Prosecution Firearms Expert Testimony In the recent case of People v. Brad Azcona, appellate case number H045676, the California Court of Appeals, Sixth Appellate District, reversed several convictions of a Monterey man...
Review of How To Defend California Charges Related to Protesting In California, there are several different statutes that could be charged related to protesting. Obviously, it's illegal to participate in a riot, but the majority of protesters are peaceful. Penal Code 407 PC describes an unlawfu...
Review of Kidnapping Charges Under California Penal Code 207 and 209 PC California Penal Code 207 describes the crime of kidnapping as moving someone a substantial distance, against their will, by use of force or fear. PC 207 is often called “simple kidnapping” and a felony crime punishable by ...
Review of Assault and Battery Charges Under California Penal Code 240 and 242 PC California Penal Code 242 PC defines the crime of “battery” as a willful and unlawful use of force against another person. The victim does not have to sustain an injury and the primary element of the crime is that a...
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