Possession Of A Controlled Substance Now A Misdemeanor In California, possession or a controlled substance use to be a “wobbler” meaning that it could be filed as either a misdemeanor or a felony, depending on the type of drug and other circumstances surrounding the arrest and prior criminal history. However,…
Penal Code Section 243.4 defines sexual battery as follows: Any person who touches an intimate part of another person while that person is unlawfully restrained by the accused or an accomplice, and if the touching is against the will of the person touched and is for the purpose of sexual arousal, sexual gratification, or…
Insurance fraud is any act committed with the intent to obtain a fraudulent outcome from an insurance process. This may occur when a claimant attempts to obtain some benefit or advantage to which they are not otherwise entitled, or when an insurer knowingly denies some benefit that is due. The…
There is no functional difference between temporary and permanent insanity under California law. The sole issue in California is the status of the defendant’s sanity at the time of the crime. The method of determining a defendant’s sanity is the two pronged M’Naghten rule. 1) The first prong requires a defendant to understand…
As temperatures rise going into spring and summer, so does the risk of vehicular hyperthermia for children left inside hot vehicles. Each year since 1998 an average of 38 children have died in hot cars in the U.S. Although these tragedies occur nationally, California is one of only 20 states…
Penal Code Chapter 2.9C 1001.80 Pretrial Diversion For Firearm Offenses The Legislature has introduced a new bill that will establish a pretrial diversion education program for those who are arrested for nonviolent misdemeanor or felony firearms offenses. The bill will specify the guidelines and define the criteria, application and procedures…
Turning 18 is a very exciting time in a teenager’s life, as well as for their parents. However, for most parents, along with the excitement that a parent feels for their child, there comes the serious reality of just what that means. Privileges such as being able to vote, enter…
Penal Code 242 – Battery Laws in California The crime of battery is often confused with the crime of assault. This may be due to the frequently used term “assault and battery” which is most commonly used rather than just assault or just battery. There is a difference between the…
California Proposition 47, Do You Qualify? California Proposition 47 is a recently approved law, which allows many individuals who have criminal convictions, to reduce their felony conviction(s) to misdemeanor convictions. Further, it allows those who are currently being prosecuted for felonies, to have their charges reduced to misdemeanors and prosecuted…
Identity Theft Identity theft is defined in Penal Code 530.5 and is described as follows: The willful taking of someone’s personal identity information for the purpose of securing credit, money, services or property, in their name for your benefit, without their consent. If you take and keep another person’s…