This is a true story. Martha M., a 72-year-old widow, was charged with murder. She became a widow when her husband, who was suffering and in great pain with terminal cancer, died. Her husband’s death is how she came to be charged with the crime. You see, she gave him…
There has been quite a bit in the news about crime in California. Many of the reports are alarming. But what do the data actually say? The California Attorney General’s office (AG) recently released its criminal justice statistical report for 2021. Yes, crime did increase in California last year. But…
Most people are vaguely aware that the court may order a direct restitution payment to the victim of a defendant’s criminal conduct. In fact, criminal restitution is almost always mandated by law when the victim suffers an economic loss due to the defendant’s criminal act(s). Direct restitution is not ordered…
There is a very important concept in the application of criminal law: Intent. Most criminal acts require an element of intent, otherwise the act is generally one of negligence. (Some crimes, while not requiring intent, are criminal because the conduct was criminally negligent, but that is not the subject of…
As a very general rule, but with a lot of exceptions, a peace officer may not effect a warrantless arrest on a person who is believed to have committed a misdemeanor if the crime was not committed in the officer’s presence. This is often referred to as the “In the…
A conviction of first-degree burglary requires evidence that the defendant entered certain structures with the intent to commit a theft or a felony. The structure must be one for which the purpose is habitation, even if not currently occupied, for example, a house, an RV, or a houseboat. Sometimes the…
This is a tale about how a small change in criminal law can affect a criminal defendant in a big way. The California Legislature is always busy writing bills seeking to enact new or amended criminal laws. When these bills pass committee and are signed by the governor, they will…
It took five years, but Prop 63 is now the law. In 2016, the California voters passed Prop 63, which outlawed most “large capacity magazines,” as defined by the proposition as a magazine that holds more than ten rounds of ammunition. The nascent law was challenged in federal district court,…
Riverside and San Bernardino County prosecutors have started charging individuals accused of selling fentanyl that resulted in death to the user with murder. In Riverside County, the DA is currently prosecuting seven such cases against alleged fentanyl dealers and in San Bernardino County, the DA has filed a at…
The so-called felony murder rule that treated an accomplice to a murder as if he or she was the actual murderer was amended in 2017 so that an accomplice could only be convicted as the murderer when malice aforethought is shown. In practical terms, this means that an accomplice…