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...
Review of Burglary Charges Under California Penal Code 459 PC California Penal Code 459 PC describes the theft crime of burglary as entering a residential structure, commercial structure, or a locked vehicle with intent to commit to a petty theft, grand theft, or a felony offense. The moment ...
A Review of COVID-19 Emergency Bail Schedule and Recent Los Angeles District Attorney Policy Changes Regarding Bail In response to the COVID-19 public health emergency, the State of California promulgated an emergency bail schedule which reset the presumptive bail for most offenses to $0. Wh...
California Court of Appeals Confirms Lawful Possession of Marijuana Does Not Provide Police Probable Cause for Vehicle Search. This article is a review of the recent decision in Court of Appeal in California, People v. Hall (Cal. Ct. App., Nov. 24, 2020, No. A157868).
The new Los Angeles District Attorney, George Gascon, has committed his administration to massive changes in criminal sentencing for defendants. Immediately after winning the 2020 election for Los Angeles County District Attorney, he released nine “special directives” to all deputy district atto...
The state of California recently dramatically expanded the opportunities for diversion in misdemeanor cases with the enactment of Assembly Bill 3234.
Under Penal Code 198.5 PC, California’s criminal law principles of the “Castle Doctrine” and “stand your ground,” there is no duty to retreat if you come into contact with an intruder inside your home.
Health and Safety Code Section 11352 HS contains California’s criminal law prohibition on the sale or transportation for sale of controlled substances.
Unlike in civil court procedure, where a motion to dismiss, usually for failure to state a claim, is a commonly used mechanism, the opportunities to move to dismiss a California criminal case are generally much more limited. Nevertheless, an experienced criminal defense attorney will look for bo...
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