Criminal Defense

California’s Battery Laws and Penalties

When Can I Be Charged With Battery? California law defines battery as “any willful and unlawful use of force or violence upon” another individual. You can face battery charges even if you do not cause another person to be injured. In fact, the “force” required for a...

Understand Your License Suspension

A DUI charge can result in several consequences if you receive a conviction. A court may suspend your license, and you will be unable to drive until the suspension period is over. How Long Will You Lose Your License? The length of a suspension depends on the number of...

Bad Check Laws in California

Is It Illegal To Bounce a Check? Bouncing a check occurs when you have less money in your account than the amount drawn on the check. For a bounced check to be a crime in California, you must know you did not have enough money in your account to cover a check....

California’s New Felony Murder Rule

What Is the Felony Murder Rule? Under California’s “felony murder rule”, you can be convicted for a homicide if another individual dies while you are committing a crime. This is true even if you did not kill the individual yourself or intend for them to die. The state...

California’s Auto Burglary Law

Can I Commit Burglary on a Car? In California, burglary is defined as entering a structure with the intent to commit a crime. But what about breaking into a car? Vehicles are different from buildings or structures, so California created a specific law to address auto...

Resisting Arrest Charges in California

When Can I Be Charged With Resisting Arrest? During recent protests and high-profile incidents on camera, the question of when someone is resisting arrest has been a contentious matter. In California, the crime is defined broadly, which allows a wide array of conduct...

California Drive-By Shooting Laws

What Are the Penalties for Driving-By Shootings? In California, if you are convicted of a drive-by shooting, you can face substantial penalties. In fact, you do not even have to be the person who pulled the trigger to face jail time. Drive-by shootings can also lead...

Altering a VIN Crimes in California

Is It Illegal To Change a VIN? There are actually two California laws that criminalize changing a Vehicle Identification Number (VIN), which is used to register motor vehicles or a part of a car, such as an engine. Typically, you can find your VIN on the driver’s side...

Credit Card Crimes in California

What Is Credit Card Fraud? California law criminalizes various type of credit card fraud, and there are different laws that address each type of misuse. However, in some instances, you may commit credit card fraud without even using stolen information. This blog is a...

Lie Detector Test Laws in California

Are Polygraph Tests Admissible in Court? For decades, law enforcement has attempted to use polygraph tests in court to persuade juries a suspect was guilty. Polygraphs are also known as lie detector tests, and their reliability has been challenged since they were...

California Stun Gun Laws

Can I Own a Stun Gun in California? Protecting yourself and your family can be a constant worry in today’s society, and owning a stun gun can help put your mind at ease. Also referred to as a taser, a stun gun is a defensive weapon that uses an electric shock to...

California EDD Fraud Laws

What Is Considered Unemployment Fraud Under California Law? The law criminalizes anyone defrauding California’s unemployment insurance system, whether they are an employee or an employer. California’s unemployment program is run by the state’s...

Inciting a Riot Laws in California

Can Someone Be Arrested for Inciting A Riot? Throughout the past year, incitement, rioting, and protesting have frequently been in the news. What is the difference between a protest and a riot? When does someone go from peacefully exercising their constitutional right...

Custom Hydraulic Systems in El Monte CA

At Bernell Hydraulics, we know that out of the box hydraulic systems don’t work for everyone. You might have different needs or different specifications than standard hydraulic systems and equipment can supply. Thankfully, Bernell Hydraulics offers custom hydraulic...

California Statutory Rape Laws

What Is the Age of Consent in California? California law is precise in that only someone over the age of 18 years old can consent to have sexual intercourse. Unlike other states, there are no so-called “Romeo and Juliet” laws in California that allows minors to...

Prohibited Assault Weapons in California

What Are Assault Weapons and Are They Illegal? While the right to bear arms is guaranteed by the Second Amendment to the United States Constitution, Californians can still face punishment for having assault weapons. The laws surrounding what each state can and cannot...

Extortion Laws in California

What Is Extortion? Also called blackmail, in California, the crime of extortion is committed when you make someone give you something or do something that you want through threats or violence. Many situations may seem like extortion but do not rise to the level of a...

California Assault Charges

Assault With a Deadly Weapon vs. Means Likely To Produce Great Bodily Injury Anytime you unlawfully attempt to cause someone else a violent injury, you have committed the crime of assault in California. The way you go about trying to cause the harm will determine what...

California BB Gun Laws

Are BB Guns Illegal? California law generally allows adults to own BB guns, but it criminalizes their display or use in public. Additional crimes may be committed if you shoot someone else or their property using a BB gun. The punishments you could face if you are...

California Assisted Laws

When Is Assisted Suicide a Crime in California? While it is not necessarily a crime to attempt suicide in California, you can be charged with a felony for assisting someone else’s suicide. California recently passed the End of Life Option Act, which creates a legal...

California Red Flag Laws

In response to gun violence and the increasing demand for gun law reforms, states across the country have amped up their “red flag” laws. Red flag laws attempt to prevent gun crimes by removing firearms from the possession of someone who is potentially dangerous. In...

Attempted Murder Laws in California

When Can I Be Charged With Attempted Murder? Attempted murder, where you take concrete action towards killing another individual, can be punished by life in California’s state prison system. If you want to kill someone else and take any action towards killing them but...

Criminal Hit and Run in California

When Is a Hit and Run a Crime? At what point does a car accident become a hit and run? In California, there is a requirement that you attempt to make contact with the owner of any property damaged in a car accident. Leaving the scene without trying to make contact is...

California Child Endangerment Laws

When Can I Be Charged With Child Endangerment? In California, there are a variety of crimes that can stem from how you treat a child, one of which is child endangerment. Endangerment laws prohibit putting a child in a situation that unnecessarily exposes them to risks...

California Fire-Starting Laws

Arson vs. Reckless Burning There are two separate crimes for starting fires in California: arson and reckless burning. The differences between the two are substantial, and punishments can range from six months in jail to almost a decade in prison. Knowing what is a...

California Restraining Order Laws

What Happens if I Violate a Restraining Order? You have had a restraining order imposed against you, and you are worried about violating the order. In California, no matter what the court calls the order — protective, stay-away, TRO, or restraining order — it is a...

California Vehicular Manslaughter Laws

What Are the Types of Vehicular Manslaughter? Under California criminal law, there are four different types of vehicular manslaughter. If you are arrested for killing somebody with your vehicle, the degree of your negligence, your purpose, and whether you were under...

California Money Laundering Laws

The Types of Money Laundering Crimes in California The state of California has two different types of money laundering crimes on its books. Both crimes specifically target people who have actual knowledge that the cash came from an illegal source or was going to be...

Hate Crime Laws in California

What is a Hate Crime? California has a separate law that punishes anyone who commits a hate crime. A hate crime is a criminal act conducted because of ill will directed towards a specific group of people. To be convicted of a hate crime, you must also commit an...

Criminal Revenge Porn in California

The term “revenge porn” describes the act of sharing a private, sexual image or video in order to harm the person exposed in the material. The rise in the incidence of revenge porn led to California recently adding a law making certain instances of sharing...

California Protest Laws

The summer of 2020 was defined by protesters in the streets across America. Many times, people would use the words ‘protest’ and ‘riot’ interchangeably. You may have wondered, when does a protest become a riot? In California, the right to protest is constitutionally...

Punishments for Identity Theft

Can I Go To Jail for Identity Theft? The short answer is that, in California, yes, you can go to jail for identity theft. Identity theft is a growing area of crime, and California laws allow severe punishments for identity theft. Personal Identifying Information and...

Elder Abuse Law in California

What Is Elder Abuse? California has enacted a law that explicitly punishes anyone who has committed elder abuse. This statute adds an extra layer of protection for a vulnerable population and backs up that protection with severe punishments. However, there are very...

Looting Laws in California

When Can I Be Charged With Looting? You’ve watched on the news as people break into stores across the country. A broken plate-glass window, and suddenly a mass of people are pouring into the Gap or Best Buy and taking whatever they can grab. This seems like...

Criminal Torture in California

How Does California Define the Crime of Torture? You may think of torture as something done by corrupt foreign governments. Or that it’s a strategy the police use to get you to confess to a crime. What you might not know is that torture is a well-defined crime...

Arguing Self-Defense in California

When Can I Argue Self-Defense? California law recognizes that you have the right to defend yourself, your property, and other persons. Self-defense is a doctrine that functions as a legal defense, arguing that you are not legally liable for a crime. If your argument...

What is the Meaning of Probable Cause?

You hear the term on prime time television shows such as Law & Order and Chicago PD, yet few of our clients understand the legal implications of probable cause. What is the meaning a “probable cause,” and how is the legal term applied in criminal cases? Overview...

SB 384 and California Sex Offender Laws

How Will California Sex Offender Registration Change Under SB 384? If you are required to register as a sex offender due to a past conviction, the current rules require that you continually register for as long as you live, work, or attend school in California....

Defenses to Forgery in California

The Most Successful Defenses if You’re Charged with Forgery in California In today’s world, a signature is required for all kinds of transactions. You squiggle your name on electronic receipts every day. Often spouses or close family members may not think twice...

Homicide Laws in California

The Different Types of Homicide in California In 2019, California’s homicide laws changed. Before 2019, you could be convicted of murder in California if someone died while you were committing a felony, regardless of whether you intended to kill someone or were...

Domestic Violence Laws in California

The Legal Definition of Domestic Violence in California and Who Counts as a Victim In everyday life, the term “domestic violence” can be applied to various crimes and cover a broad range of intimate relationships. However, in California, the legal...

Theft of Trade Secrets in California

What Is Theft of Trade Secrets Under California Criminal Law? Imagine a spy film from the 1960s. A young agent is bustling down a crowded sidewalk, looking over her shoulder as she carries a black leather briefcase full of secret documents. When you think about trade...

False Imprisonment in California

What Does False Imprisonment Mean under California Laws? The store security guard orders you to their office. Your spouse blocks the door so that you can’t leave during an argument. A police officer says you have to wait in the back of the patrol car for a few...

Habeas Corpus Law in California

What Is Habeas Corpus, and Can It Get Me Out of Jail? After your arrest, as your case crawls through the legal system, you may have overheard lawyers or judges throwing around the word “habeas corpus.” It sounds legal and important, but what does it mean?...

Sealing and Expungement in California

What Is the Difference Between Expungement and Sealing Records in California? Your dream job opens up. You have all the qualifications and are an ace at all the required skills. You’ve built up years of experience in this field. This is the job for you! On the...

California Kidnapping Charges

The Definition of Kidnapping According To California Law A robber takes a bank teller hostage. An absent parent suddenly picks their child up from school. A powerful businessperson’s children go missing from their home. Are these all examples of kidnapping? The answer...

Assault and Battery in California

What Is the Difference Between Assault and Battery in California? In movies and on crime-based TV shows, the terms “assault” and “battery” are often used together, leading many people to believe that they are a single offense. However, in...

Shoplifting Laws in California

What Crime Will I Be Charged With if I’m Arrested for Shoplifting in California? From a kid sneaking a candy bar from below the checkout counter to a thrill-seeking adult stuffing an expensive shirt in their bag at the mall, shoplifting happens every day....

Burglary vs. Robbery in California

Burglary vs. Robbery: What’s the Difference in California? In casual conversation, people often discuss robbery and burglary interchangeably. However, California laws have distinct definitions for each term that reveal substantial differences between the two...

When Can I Be Charged with Kidnapping?

Kidnapping may be charged in one of two ways. The crime of kidnapping happens less often than people may think. More frequently, what we refer to kidnapping is often better described as custodial interference or child abduction, which occurs when a person is deprived...

Can I Get My Plea Deal Reversed?

Plea agreements are generally binding — with some exceptions The overwhelming majority of criminal cases never make it to court. While defendants in criminal cases have a right to have their case heard by a jury of their peers, most charges are resolved prior to...

California Seeks to Diversify Jury Pools

The Fair Juries Act expands the jury pool to include taxpayers. A fundamental principle of our criminal justice system is the right to trial by a jury of your peers. If you are charged with a criminal offense, you not only have a right to take your case to trial — but...

What Is Domestic Battery?

Domestic battery can only be charged in certain situations. October is Domestic Violence Awareness Month. At the Chambers Law Firm, we understand just how serious domestic violence can be, whether it involves physical abuse, emotional abuse, reproductive coercion, or...

Should You Vote “No” on Prop 25?

Many progressive groups have come out against this criminal justice measure. Election Day is fast approaching, or if you have already received your mail-in ballot — is already here. In addition to choosing a president, you will be asked to vote yes or no on a number...

Can I Be Extradited to California?

The state must follow specific procedures to have you brought back to California. If you have been charged with a crime in California, you may be tempted to flee the state to avoid being brought to justice. If you do so and are apprehended in another state, then...

What Happens During Arraignment?

An arraignment is one of the first steps in the criminal justice process. After you are arrested, you may be overwhelmed by what is happening. It can be a time of incredible stress and anxiety, regardless of whether you have previously been involved with the criminal...

Can I Challenge a Search Warrant?

A Franks motion is the legal document used to challenge the truth of the information used to support a search motion. If you have been arrested for a crime, your arrest may have been based on evidence that the police seized pursuant to a search warrant. But what...