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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...

California law prohibits both engaging in acts of prostitution and soliciting, meaning requesting, encouraging, or attempting to pay for, acts of prostitution. In the common parlance, this means that both prostitutes and “Johns” can be prosecuted under Penal Code Section 647(b). Many prostitutes...

Health and Safety Code Section 11351 contains California's prohibition on possessing or purchasing certain controlled substances with the intent of selling them to others. If the prosecutor is able to prove beyond a reasonable doubt that you possessed the controlled substance with intent to sell...

California Penal Code Section 484 denies the crime of petty theft and includes multiple subdivisions which address the specific crime of committing various types of thefts using credit or debit cards. These statutes define and punish the offenses that comprise credit card and debit card fraud. P...

Penal Code Section 422 describes the crime of “criminal threats.” Under California law, it is unlawful to threaten to harm or kill another person when such threat places the victim in reasonable sustained fear for their safety or that of their loved ones. Specifically, the threat involved must b...

Domestic violence is described as physical or sexual violence against a current or former spouse, cohabitant, roommate, boyfriend, girlfriend, someone who has a child with the victim, or some other type of relationship that falls under the criminal domestic violence statute. In some cases, domest...

California Penal Code Section 261.5 defines the crime of statutory rape, which is also known as unlawful sex with a minor. The simplest way to understand this criminal statute is that it prohibits all sex with individuals under the age of 18. Given this broad definition, defendants and their love...

Penal Code Section 314 defines the California sex crime of “indecent exposure.” Based on the statutory definition, indecent exposure is the crime of exposing one's genitals in the presence of someone who might be offended or annoyed thereby when done in such a way that the defendant intends publi...

If you are convicted of domestic violence in California, you can be facing severe life-altering consequences. Depending on the details of you case, this can include county jail or state prison time and large fines. You might even lose your right to possess or own a firearm for life. Additionally...

A criminal protective order is normally issued in criminal cases with the primary purpose of restraining a defendant from harassing, physically abusing, stalking, or threatening the alleged victim. A protective order is just about always issued in cases involving violence or credible threats of v...

The vast majority of California criminal cases are resolved before taking the case to trial. They are settled through a plea agreement as most defendants will plead guilty rather than face the uncertainty of the outcome of a trial. While the meaning of a “guilty” plea is commonly understood, a “n...

The death of George Floyd and the subsequent protesting and civil unrest have raised numerous questions about the role and conduct of law enforcement, the need for and possibility of systemic change in the criminal justice system, and longstanding issues of race relations in the United States. A...

California law describes lewd and lascivious conduct as sexual acts that are considered to be offensive and contrary to common standards of behavior. The statute that covers this type of sex crime is found in California Penal Code 288, and a conviction could result in many years in prison and a m...

Pimping and pandering are both serious felony offenses under California's criminal laws. They involve the unlawful trafficking of others for purposes of commercial sex acts, meaning the exchange of money or other things of value for sexual acts, i.e. prostitution. Pimping and pandering are so cl...

The term “theft crime” actually covers a wide range of offenses that are commonly committed. Depending on the circumstances of your case and what you were charged with, you will be facing either misdemeanor or felony charges.  There are numerous different statutes and definitions in California r...

In the California criminal justice system, bail has to be posted with the court in order to get an inmate released from jail. It's designed to ensure they will appear for future court appearances. There are situations when a judge will release someone on their own recognizance, known as an OR rel...