California Penal Code Section 243.4 defines sexual battery as the non-consensual touching of the intimate part of another for sexual arousal, sexual gratification or sexual abuse. It can be charged as either a misdemeanor or a felony, depending upon the circumstances. Some people may find this hard to believe but,…
What is embezzlement and how is it different from a theft charge? Put in very simple terms, embezzlement is basically stealing from your employer. The distinction between embezzlement and theft is the term “entrusting”. It is the way in which the theft was committed. The Penal Code defines embezzlement as…
Penal Code Section 851.8 provides that a person who has been arrested or detained and is determined to be factually innocent may petition the law enforcement agency or court having jurisdiction over the matter to provide for the sealing and destruction of the record of that arrest. Petitions concerning arrests…
When I get a call from someone who has been arrested for domestic violence, they often tell me that they were arrested for “Felony” domestic violence. What they don’t understand is that arresting agencies typically will call it a felony at the time of arrest, but it is up to…
Border Patrol officers in San Clemente intercepted $6.7 million of cocaine at a freeway checkpoint last week when a man claiming to be a U.S. citizen was stopped. The 54-year-old man was nicely dressed in a suit and tie and driving a relatively new automobile but there was something about…
Penal Code Section 496 makes it a crime to knowingly buy, sell, receive conceal or withhold property that has been stolen. The key word here is “knowingly”. In order for the prosecution to prove that a crime has been committed, they must be able to prove that you knew that…
California credit card fraud encompasses several acts of fraud, including credit card theft. The following is a list of specific acts: 1. PC 484e Stolen Credit Card 2. PC 484f Forging Credit Card Information 3. PC 484g Fraudulent Use of Access Card or Account Information 4. PC 848h Retainer Credit…
Being arrested and facing criminal charges is a traumatic experience but choosing the right lawyer can minimize the stress and anxiety one suffers while moving through the process toward a resolution. When trying to decide which lawyer is right for you, there are a few things to consider when making…
California is not doing enough to keep firearms out of the hands of the mentally ill, according to a state audit released on October 24. The breakdown is a result of the state’s failure to report a person’s mental health status to the Department of Justice (DOJ). Why is this…
When we hear that someone has been arrested for burglary, we imagine someone breaking into a home, late at night while the occupants sleep, and stealing something. While the scenario described is a burglary under California law, you can be charged with burglary even if you don’t take anything. Simply…