2012

Blog Posts in 2012

  • CONSPIRACY: Penal Code 182

    California Penal Code section 182 makes it a crime to even "Conspire" to commit a crime. Thus, even if you didn't actually commit the underlying offense, you can still be convicted of conspiring to commit it. To be convicted under Penal Code 182, the district attorney must prove that one or more individuals conspired to commit a crime. A conspiracy is an agreement between two or more parties to ...
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  • Knife Carry Laws in California

    California law makes it illegal to possess and carry certain types of knives. Many are confused as to what types of knives are legal, and which types are illegal. For purposes of this blog we will seek to shed some light as to what constitutes legal carry of knives. Per the penal code there are many types of “knives”, each with it’s own description and set of laws. These include, ballistic knives, ...
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  • Even Celebrities Get In Trouble - Spotlight: Lindsay Lohan

    On Nov. 29 2012, Lindsay Lohan had a complaint filed against her in the Los Angeles County Superior Court. According to the LA County Public Relations Department, Lindsay Lohan was charged with violations of Penal Code (PC) section 148(a), Vehicle Code (VC) Section 31, and VC Section 23103. The first of three counts in the complaint alleges a violation of the PC Section 148(a). PC Section 148(a) ...
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  • What Happens When One Is Convicted of a DUI

    For first time offenders, you could be facing a minimum of 96 hours to a maximum of 6 months in jail. Your driver’s license will be suspended for 6 months. For second time offenders you will be facing 90 days to 1 year in jail with a 2 year license suspension. The third offense subjects you to 120 to 1 year in jail with a 3 year license suspension. The fourth and any other subsequent DUI offense ...
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  • Resisting Arrest by Threats or Violence - PC 69

    California Penal Code Section 69 makes it a crime to resist or deter an officer by means of any threat or violence. This means that anyone who makes threats to an officer that were made to deter the officer from performing his duties has committed a PC 69 violation. In addition, any individual who uses violence to deter an officer from performing his duties has committed a PC 69 violation. This ...
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  • Can Police Search My Vehicle? - Yes But No

    There is often some confusion as to when it is permissible for police to tow an individual’s vehicle and perform a an inventory search. The reason for this confusion is that the California Vehicle Code gives the police very broad authority and discretion while case law severely limits police authority to tow and perform inventory searches. California Vehicle Code Section 22652 states that “Any ...
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  • Proposition 36: California Three Strikes Law 2012

    On november 6th, 2012 the people of the State of Californian voted on and approved Proposition 36. Proposition 36 changed California’s three strikes law to a more fair and reasonable sentencing structure. Previously, California’s three strikes law authorized the imposition of a 25 to life term for anyone who committed any felony if the individual had two prior strikes. A strike is considered to be ...
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  • Looting - PC 463

    In California, certain crimes can only occur under certain circumstances. The crime of “looting” is one of them. This is when a crime involving theft or burglary occurs “during and within an affected county in a ‘state of emergency’ or a ‘local emergency’ resulting from an earthquake, fire, flood, riot, or other natural or manmade disaster.” Therefore, crimes such as second-degree burglary, grand ...
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  • What is an Arraignment ?

    For any criminal case to be filed against you, there must be an arraignment on the charges. An arraignment will probably one of the very first court appearance you will make. The purpose for an arraignment is to inform the individual accused of a public offense the nature of the charge(s). You will be given a chance to enter a plea. The most commong ples are guilty, not guilty or nolo contender. ...
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  • Felony Probation

    Most felonies carry a range of sentences that may be imposed upon the defendant. For example, a defendant found guilty of an assault with force likely to produce great bodily injury (Penal Code section 245(a)(4)) can be punished with probation or up to 4 years in state prison. The type of sentence imposed is up to the judge’s discretion. Felony probation is generally a 3 or 5 year term where the ...
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  • PC 459 Burglary - What Needs To Be Proven

    The california penal code codifies burglary in PC 459. This section lays out the elements of the crime of burglary as “every person who enters any house, room, apartment... with the intent to commit grand or petit larceny or any felony is guilty of burglary.” Additionally, the statute also includes an exhaustive list of types of buildings, vehicles, and even boats that count as a structure for the ...
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  • Lewd acts on a child- Penal Code section 288(a)

    California law makes it a very serious offense to have “lewd or lascivious acts” with a minor who is under the age of 14. California Penal Code Section 288(a) holds that anyone who willfully and lewdly commits any lewd or lascivious act with the body or member of a child with the intent of arousing their sexual desires is guilty of a felony punishable by 3, 6 or 8 years in state prison. To be ...
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  • Assault with a Deadly Weapon PC 245(a)(1)

    California Penal Code 245(a)(1) defines assault with a deadly weapon other than a firearm as an “assault upon the person of another with a deadly weapon or instrument other than a firearm.” This means that California can classify almost anything as a deadly weapon. Additionally, if convicted of this crime, a defendant could face up to 4 years in state prison. However, the good news is that Penal ...
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  • Drugs and Gun enhancements

    Previously we discussed the serious consequences of possession, sales and transportation of Methamphetamine. As harsh as these drug charges are, the California Penal Code provides even harsher sentences if certain circumstances are met. Under the California Penal Code section 12022(c), an additional three, four or five years are required to run consecutively if an individual is found guilty of ...
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  • Motion for Acquittal - Penal Code Section 1118.1

    Under Penal Code 1118.1 the defense counsel will make a motion for judgement of acquittal.The Court will consider the motion and will grant it if the prosecution has failed to substantiate any element of the charged crime. Penal Code 1118.1 “In a case tried before a jury, the court on motion of the defendant or on its own motion, at the close of the evidence on either side and before the case is ...
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