Criminal Defense

Federal Asset Forfeiture Explained: A Closer Look

The power of the federal government to seize assets associated with criminal activities is a contentious yet critical tool. This process, known as “asset forfeiture,” is designed to target assets connected to criminal acts. While the overarching goal is to...

Understanding the Real Costs of a DUI: More Than Just Fines

Driving under the influence (DUI) is a grave offense, and individuals often believe that pleading guilty immediately is their best bet. They might think this way due to failed breathalyzer tests or other incriminating evidence. However, the landscape of DUI defense is...

The Complexities of Arson Charges: An Expert’s View

Arson, the intentional act of setting fire to a property, structure, or forest land, is a serious criminal offense. Its classification, either as a felony or misdemeanor, hinges upon various factors, including the extent of damage, the type of property involved, and...

Questioning DUI Charges: Can Bad Driving Be Your Defense?

In California, many DUI (Driving Under the Influence) charges arise not from blatant drunken behaviors but rather from perceived erratic driving. It’s not uncommon for someone to be pulled over by law enforcement for what might seem like hasty driving decisions....

Navigating Self-Defense in Domestic Violence Scenarios

In the confines of intimate relationships, it’s undeniable that minor incidents can escalate to significant confrontations. Instances like an altercation over the last bit of salsa or a disagreement about hotel room temperature might seem trivial, but they can...

Decoding “Domestic Battery” in the Legal World

Understanding legal jargon can sometimes feel overwhelming. One term that frequently pops up in the realm of law is “domestic battery.” But what does it entail? Let’s dissect its definition, implications, and possible defenses. If you have been...

When Can Police Search Your Property Without a Warrant?

Understanding your rights and the laws surrounding search warrants is essential when facing a criminal charge. While it’s typically necessary for the police to have a valid warrant to search your property, certain situations allow them to proceed without one....

What to Do and Say If You’re Pulled Over for a DUI

Being stopped by law enforcement for any reason can be an intimidating situation, particularly if you’ve consumed alcohol or drugs and are concerned about a potential DUI charge. In California, DUI offenses come with severe penalties such as imprisonment or the...

DNA Testing in Criminal Cases: Reliable but Not Infallible

DNA testing has undoubtedly revolutionized the way criminal cases are investigated and prosecuted. This powerful tool can exonerate the innocent and implicate the guilty through matching DNA found at crime scenes with blood, hair, and saliva samples. However, the...

Steps to Clear a Misdemeanor Off Your Record in California

To clear a misdemeanor in California, you must confirm your eligibility for expungement, submit the required documents on time, and show up for the expungement hearing, either in person or through an attorney. Any misstep can lead to a denial, preventing you from...

Federal Convictions: Understanding Expungement and Pardons

Having a federal conviction on your record carries profound implications. Apart from the potential of serving prison time, the conviction may pose significant challenges in securing employment, finding housing, or even obtaining student loans post-sentence. The...

Grasping the Severity of a Felony DUI in California

Driving under the influence (DUI) of drugs or alcohol is a severe criminal charge in California, irrespective of the circumstances. Yet, the gravity of the charges and potential penalties can significantly escalate when a DUI offense transitions from a misdemeanor to...

3 Tips for Defending Against Federal Fraud Charges

Fraud charges levied by the federal government can be a daunting and financially crushing experience. Knowing your rights and how to defend yourself against the more serious aspects of federal fraud charges are critical steps in preparing your best legal defense....

Understanding the Basics of Federal Bankruptcy Fraud Causes

The Title 18 U.S. Code Section 157 offense of bankruptcy fraud: Anyone who knowingly files a bankruptcy petition or associated document with the goal to deceive creditors or the court is prohibited by this federal statute. Other fraudulent actions connected to the...

Get the Facts About the Appeals Process in California

You may be extremely dejected if you’ve been accused of a crime and then convicted. But don’t worry, it’s not yet “game over”—at least not if you don’t want it to be. California has a complicated appeals system in place for anyone...

When is Grand Theft Considered a Federal Offense?

Purse snatching, pickpocketing, and automobile theft are examples of theft offences that come within the category of major theft. Under federal standards, it is defined as the “unlawful taking, carrying, leading, or riding away of something” from...

Understand the Basics of California Sentencing Guidelines

A felony in California is defined as a crime punishable by death, imprisonment in state prison, or incarceration in county jail for certain lower-level offenses. Other less serious violations in California are classified as misdemeanors, which are punished by...

The Most Common Legal Defenses for Sex Crimes Charges

There are many legal defenses that might be made if sexual assault allegations have already been filed. These can be used to disprove the prosecutor’s case or to show true innocence. If you are facing sex crime allegations, contact Chambers Law Firm at...

Know Your Rights at DUI DMV Hearing in California

If you are caught in California for driving under the influence of alcohol or drugs, the police will most likely take your license. After that, you’ll have 10 days to request a hearing to dispute your license’s automatic suspension. If you win the hearing,...

Get the Facts About Conspiracy Charges in California

Consider the following scenario: you’re out with your pals when you decide that robbing a bank would be a good time. You all agree to conduct the crime, and your friend even orders ski masks from Amazon on his phone. You thought it was all a joke until you were...

Battery on a Police Officer Laws in California

Can I Be Charged with Battery on a Police Officer? California provides an additional degree of protection to police officers and other peace officials through a separate law that specifically prohibits battery against police officers. However, this crime can only be...

What Is a Cruz Waiver Under California Law?

What Is a Cruz Waiver Under California Law? A Cruz Waiver is a California criminal law procedure that requires a defendant to stay out of trouble while sentencing is pending. Under a Cruz Waiver, criminal defendants may be able to avoid waiting behind bars for their...

Are Armor-Piercing Bullets Illegal in California?

Are Armor-Piercing Bullets Illegal in California? The right to bear arms is guaranteed by the United States Constitution, but does that right extend to possessing armor-piercing bullets in California? The state has some of the strictest gun laws in the country,...

California Real Estate Fraud: Phantom Help Scams

What Is a “Phantom Help” Scam? A “phantom help” scam is one of the most common types of real estate and mortgage fraud in California. In the real version of these scams, someone preys upon unsophisticated homeowners or buyers during a...

California’s Franklin Hearing and Youth Parole Rules

Who Can Be Released Through a Franklin Hearing? Amongst California’s numerous recent criminal-justice reforms is the introduction of Franklin hearings for convicted inmates. Though a Franklin hearing can result in your loved one’s release from prison, its...

The Benefits of a Criminal Pre-File Investigation

Should I Hire a Defense Attorney for a Pre-File Investigation? Having a defense attorney run a pre-file investigation for you or a loved one can be a smart move. If you are under criminal investigation, you don’t have to wait until the district attorney files charges...

California’s Four Types of Grand Theft Crimes

The Different Types of Grand Theft in California In California, there are four distinct types of grand theft charges you may face. Grand theft is considered taking anyone else’s property, money, or labor valued at $950 or more. Any theft of less than $950 worth of...

Criminal Participation in a Street Gang in California

Is it Illegal To Be a Gang Member in California? Being a street gang member in California can have severe legal consequences. California has laws that make it illegal to be an active participant in a gang, even if you do not personally commit any of the gang’s crimes....

California’s Sightseeing at the Scene of an Emergency Law

When Can I Be Charged with Sightseeing at the Scene of an Emergency? Slowing down to look at an accident on the freeway may be all-too-common, but in California, you can actually be charged with a crime for sightseeing at the scene of an emergency. The law defines...

California’s Planting and Tampering with Evidence Laws

Is Planting Evidence a Crime? California law makes planting or tampering with evidence a crime. While it is typically prosecuted as a misdemeanor as one of many different obstruction of justice crimes, it can be a felony if it was committed by someone in law...

When Is Providing the Police a Fake Name a Crime?

Can I Be Arrested for Giving the Police a Fake Name? Giving the police a fake name is always a risky decision, but in California, it is generally only a crime if you do it while you are legally arrested or detained. Additionally, the California law that prohibits...

Requirements for CA’s Elderly Parole Program

Is My Loved One Eligible for California’s Elderly Parole Program? In recent years, California has relaxed some of its practices for releasing prisoners, and the Elderly Parole Program is one of these reforms. Since 2018, eligible seniors have been able to petition the...

No Contest and Guilty Pleas: What’s the Difference?

The Difference Between “No Contest” and “Guilty” Pleas The American legal system recognizes three types of pleas: guilty, not guilty, and no contest. While the difference between guilty and not guilty is clear, what separates a guilty plea from...

Can I Go to Jail for Watching Animated Child Porn?

Is Animated Child Porn Legal? California law treats the manufacture or possession of child porn harshly, but are animated images or videos considered illegal child pornography? Usually, possessing animated child porn is allowed, but federal law makes the picture...

California Law Enforcement Dashcam Uses and Benefits

Can I See the Dashcam Footage of My Arrest? If you were arrested for a traffic violation, there is likely dashcam footage of the incident. Mobile Video Audio Recording Systems (MVARS), also known as dashcams, are not required by California law. However, a significant...

Imitation Versus Criminal False Personation in California

What Is False Personation? Imitation may be the sincerest form of flattery, but false personation can be a crime in California. Also known as false impersonation, a conviction requires more than merely imitating another individual. Instead, you must either try to harm...

California Extortion Crimes and Their Penalties

What Are the Different Types of Extortion? California law creates various types of extortion. A conviction is always a felony, but the specific crime you are charged with will differ based on how you extort and what was obtained. Because extortion is a serious crime,...

California’s Lewd Conduct Laws, Penalties, and Outcomes

What Is Lewd Conduct? California has laws outlawing lewd conduct, but what exactly is covered by these laws? First, all public sexual acts are not illegal nor considered lewd conduct. Based on California’s definitions, to commit a crime, you must know or at least...

How to Get Rid of Bench Warrants in California

Do Bench Warrants Expire in California? If you have ever had a California bench warrant issued against you, you may wonder when it will expire. The short answer is that it never will. You will need to take proactive steps in order to resolve any outstanding bench...

Police Wiretap Laws and Process in California

In California, the police are allowed to tap your phone, but they have to follow procedures to do so legally. California is a two-party consent state, which means that both people involved in a conversation must consent to any recording. Privately, you cannot tape...

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...

The Three False Reporting Laws in California

What Are California’s False Reporting Laws? California has three separate false reporting laws. If you violate any of the three laws, you may face jail time, fines, or probation. These crimes can be committed by providing law enforcement with untrue information,...

Just the Facts: Learn About Embezzlement Laws in California

If you have been charged with or accused of embezzlement in California, you likely have many questions about what the charges mean and how you can proceed. First, keep reading to get the basic facts. Second, contact Chambers Law Firm at 714-760-4088 to request a free...

California Robbery Laws, Penalties, and Enhancements

What Are the Penalties for Robbery? In California, robbery is different from simple theft and punished more severely. The penalties for robbery can possibly include lengthy prison sentences that will upend your life. However, there are two degrees of robbery, with...

Graffiti and Vandalism Laws and Punishments in California

When Is Vandalism a Crime in California? California law defines vandalism as any malicious damage, destruction, or defacing of another individual’s property. While you may think of childish antics like graffiti tagging or breaking windows as vandalism, California...

California’s Disturbing the Peace Charges and Penalties

The Three Reasons You Can Be Charged With Disturbing The Peace California law breaks charges for “disturbing the peace” into three separate crimes, which can either be an infraction or a more severe misdemeanor. All three ways you can commit disturbing the peace...

Legal Defenses From Your California Assault Charges

Common Defenses To Assault Charges In California, assault charges and battery are two separate and distinct crimes. The law states that assault is an unlawful attempt to violently harm another individual. Meanwhile, battery is the actual use of force on someone else....

Reforms to California Sex Registration Terms and Length

Penal Code 290 Sex Registration As part of sweeping reform, California made numerous criminal law changes that went into effect on January 1, 2021, including updates to sex registration. Previously, California sex offender laws imposed significant and lengthy...

California’s New Misdemeanor Diversion Program Laws

Misdemeanor Diversion – Penal Code 1001.95 Due to recent California criminal justice reforms, as of January 1, 2021, misdemeanor diversion programs have been made available for many non-felony arrests. If your case meets the criteria for diversion, you be able...

Can My Loved One File A California Resentencing Petition?

AB2942 Resentencing Petitions – Penal Code Section 1170(D) Did you know that you or your loved one may be able to submit a resentencing petition to the court? Current inmates in both county jails and state prisons may be eligible to see their jail sentences cut....

How To Help Support a California Resentencing Petition

AB2942 Resentencing Petitions Can I Get Resentenced – Penal Code Section 1170(D) California offers inmates a way to file a resentencing petition under Penal Code 1170(D). If you or your loved one successfully get a court to order a reduced prison term, you can...

Do Not Plead Guilty to an Illegal DUI Checkpoint Arrest

When a person is arrested at a DUI checkpoint, the first thing their DUI attorney should do is question the legality of the DUI checkpoint. Yes, these are legal – but specific rules must be followed. If they are not, then anyone who is arrested might have had their...

Reducing or Eliminating Your California Probation Sentence

New California Probation Laws As a part of sweeping reforms to the state criminal justice system, California enacted new probation laws that began on January 1, 2021. The new regulations affect both future sentences and people who are currently serving probation. ...

Three New Police Reforms for 2021 in California

2021 California New Police Reforms In the wake of last summer’s civil unrest, California initiated new police reforms that went into effect on January 1, 2021. The changes reflect an attempt to both improve police-community relations and prevent tragedies like that...

Get the Facts About Marijuana DUI Laws in California

Proposition 64 makes it legal for adults to consume marijuana in their homes or at licensed establishments, possess up to an ounce of cannabis and grow up to six plants for personal use. The law does not change the rules for driving under the influence. You can get a...

California’s Update to Its Juvenile Interrogation Law

New California Juvenile Interrogation Law Everyone has a right to a lawyer under the United States Constitution, even for juvenile interrogations. However, law enforcement often tries to convince suspects to waive their right to an attorney. Your Miranda rights, named...

The Experienced Defense Attorneys at Chambers Law Firm

About Chambers Law Firm Update Here at Chambers Law Firm, our focus is entirely upon high-stakes felony criminal defense. Our experienced team of attorneys is prepared to zealously advocate for your freedom. Unlike other law firms, at Chambers Law Firm, we strictly...

The New Racial Justice Act Penal Code 745 in California

New Racial Justice Act Penal Code 745 California recently enacted Racial Justice Act Penal Code 745 to root out discriminatory overcharging and sentencing by prosecutors. For generations, there has been an implicit bias against certain groups based on their race,...

Removing a DUI From Your Criminal Record in California

After receiving a DUI at the hands of California law enforcement, one question you may have is how long the charge remains on your record. Perhaps you worry about how the interaction with the police looks for your career and housing options. Expungement options and...

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...

Understand the Horizontal Gaze Nystagmus Test

When law enforcement officials suspect that you have been drinking and driving, they may pull you over and ask you to perform a field sobriety test. The National Highway Traffic Safety Administration recognizes three official types of field sobriety tests. One of...

Destroying Evidence Laws and Punishments in California

Can I Go to Jail for Shredding Documents? To prevent the obstruction of justice, California criminalizes any destruction of evidence, including shredding. However, there are clear guidelines for when destruction is a crime and when it is harmless. Knowing about an...

Real Estate and Mortgage Fraud Laws in California

Common Types of Real Estate and Mortgage Fraud Offenses There are laws that prohibit some of the more common real estate and mortgage fraud types in California. Real estate and mortgage fraud occurs when one person or party uses some trick or deception to gain an...

Laws Against Counterfeit Prescriptions in California

What Are the Penalties for Counterfeiting a Prescription? Prescription drug abuse is a significant problem, and California outlaws counterfeiting a prescription pad or possessing a counterfeit prescription slip. The law applies to all “scheduled” drugs under the...

California Boating Under the Influence Laws

When Can I Be Arrested for Boating Under the Influence? Boating under the influence penalties in California vary based on your criminal history, just like with driving under the influence. California makes it a crime to operate any boat, watercraft, jet ski, or vessel...

Eligibility for a California Certificate of Rehabilitation

What Is a California Certificate of Rehabilitation? In California, a certificate of rehabilitation (COR) functions as a method of clearing your name and criminal record. Eligibility for a COR is limited and often confusing. The COR does not get rid of or erase your...

Fake ID Laws, Crimes, and Punishments in California

When Fake IDs Can Get You in Trouble There are various ways fake IDs can result in you being charged with a crime in California. No matter what the charge, you must have the intent to defraud to be convicted of a crime related to fake IDs. Whether you were involved in...

Is It a Crime to File a False Police Report?

Is It a Crime to File a False Police Report? Be careful what you say to law enforcement because filing a false police report is a crime in California. Report does not necessarily mean a formal way of documenting activities. Instead, it can be a crime to only falsely...

An Explanation of California’s Bribery Laws and Penalties

All About California Bribery Laws In California, there are a variety of bribery laws that attempt to stamp out corruption. Though most of the statutes target public officials, private individuals can also run afoul of bribery laws. This means you can find yourself in...

Failure to Appear for Your Court Date in California

What Happens If I Miss My Court Date? If you miss your court date in California, you can be charged with the crime of failure to appear. A failure to appear charge can result in your immediate arrest, and additional charges and penalties may stem from you skipping a...

CCW Permit Application Process in California

How Do I Get a CCW in California? In California, a concealed carry weapons permit (CCW) is the only legal way to bear firearms in public. Obtaining a CCW requires meeting minimum qualifications and attending accredited training courses. Without a valid CCW, carrying a...

Receiving Stolen Property Laws in California

Can I Be Arrested For Receiving Stolen Property? Receiving stolen property in California can lead to your arrest, so long as you know the items were stolen. The question of when it is a crime can be complicated. You need to know the rules about handling property that...

California’s Evading a Police Officer Law

When Can I Be Charged With Evading a Police Officer? Charges for evading a police officer can end up costing you jail time. But what counts as evading? You can be charged with evading an officer for far less than a high-speed pursuit: California punishes anyone...

Grand Theft Laws and Penalties in California

When Can I Be Arrested for Grand Theft? In California, the crime of stealing is separated into grand theft and petty theft. The difference between the two lies in the value of the goods or property illegally taken. Grand theft is a more serious offense and can result...

California’s Voluntary and Involuntary Manslaughter Laws

What Is the Difference Between Voluntary and Involuntary Manslaughter? Besides the punishment upon conviction, the most significant difference between voluntary and involuntary manslaughter is the intent to kill. While murder requires “malice aforethought,” voluntary...

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....

Charges in California for Street or Drag Racing

Street Racing Charges and Their Possible Penalties California prohibits street racing, also known as drag racing, on all public highways. There are additional crimes you can commit while racing in the street, such as reckless driving. While many people do not see a...

California’s Criminal Threat Laws and Punishments

What Constitutes a Criminal Threat? The criminalization of threatening language might seem like a violation of your right to free speech. Because California is punishing you for the words you say, write, or communicate, it appears to conflict with the First Amendment...

Rules for California Probation Violation Hearings

How Do Probation Violation Hearings Work? If you are serving probation in California, violations of your probation terms may land you in front of a probation violation hearing. Whether your probation is summary (misdemeanor) or felony, a probation violation hearing...

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...

Accessory After the Fact Laws in California

What Is an Accessory After the Fact? California law makes it illegal to help someone that you know just committed a felony. There are various ways that you can aid a criminal after the deed is done, so if you know someone just did something illegal, be very careful...

Child Abuse and Spanking Laws in California

Is Spanking Considered Child Abuse in California? Whether or not spanking your child is abuse is the subject of much debate. While many people think it is a practice that should have stopped decades ago, others believe that punishments such as spanking could have...

Burglary, Trespass, and Breaking and Entering Laws

What Is the Difference Between “Breaking and Entering” and Trespassing? In California, no law directly criminalizes breaking and entering. Instead, there are two possible crimes for unlawfully entering a building: burglary and trespass. The differences...

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...

California’s Misappropriation of Lost Property Law

Finders, Keepers? Can I Be Arrested for Keeping Lost Property? The saying “finders, keepers” is well known, but you cannot always legally keep lost property in California. The crime of misappropriation of lost property can end up with you serving jail time, so it’s...

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’s Habitual Sexual Offender Crime

What Does “Habitual Sexual Offender” Mean? California law is generally harsh towards sexual crimes, but its habitual sexual offender law is especially severe. If you have been convicted of specific sex crimes in the past, it’s crucial that you understand this law....

Road Rage License Suspension in California

When Is “Road Rage” a Crime? Everyone has dealt with an incident of road rage when driving. Sometimes, being behind the wheel can bring out the worst in human beings. Stress, lightning-fast decisions, and misinterpretations run rampant. The definition of road rage...

California Abortion Laws for Patients and Providers

Is Abortion Always Legal in California? California is generally considered a permissive state regarding its abortion laws. Women in the state have a fundamental right to exercise their own health care decisions, including the right to decide whether or not to...

Illegal Knives and Knife Crime in California

What You Need to Know About California Knife Laws The Second Amendment gives you the right to bear arms, but does it also cover knives? The answer is that it’s complicated. California prohibits the ownership of specific knives and criminalizes the concealed carry of...

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...

Infractions and Penalties for Open Containers in California

What Are California’s Open Container Laws? The laws regarding open containers are different everywhere you look in the United States. More states have been moving towards allowing public consumption of alcohol in designated “outdoor refreshment areas,” making open...

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...

Obstruction of Justice Laws in California

When Can I Be Convicted of Obstruction of Justice? Obstruction of justice is not one single crime under California state law. However, that does not mean you can obstruct justice and get away with it. There are a variety of separate crimes that all fall under the...

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...

Home Game Gambling Prohibitions in California

Is Gambling Illegal in California? You never want to gamble with your freedom. In California, the law makes participating in even the smallest games of chance a risky wager. The good news is that California defines gambling narrowly, allowing you to make that small...

Sentencing Guideline Changes in Los Angeles County

Am I Eligible for Resentencing Under the Los Angeles DA’s New Policy? After being elected during the November 2020 elections, new Los Angeles County District Attorney (LACDA) George Cascon issued a directive to review resentencing policies. His new order went into...

Arguing Imperfect Self-Defense in California

What Is “Imperfect Self-Defense,” and When Can It Help My Case? As far as legal defenses go, the situations where you can argue imperfect self-defense are extremely limited: it will only apply if you are facing murder charges. On top of that, even if your...

Understanding Paycheck Protection Program Legal Rules

Can I Be Arrested for PPP Fraud? As part of the federal CARES Act of April 2020, the Paycheck Protection Program (PPP) allows eligible companies to claim up to $10 million in forgivable loans. Unfortunately, as news programs have consistently reported, fraudulent PPP...

Aiding and Abetting or Accomplice Liability Theory

When Can I Be Charged With Aiding and Abetting? California allows anyone who was “in on” the crime to be charged through its aiding and abetting laws. Also known as accomplice liability theory, aiding and abetting can generally be punished exactly as if you committed...

Criminal Aggravated Trespass in California

What Is Aggravated Trespass? California law separates minor trespass infractions and crimes from the more serious offenses that are classified as aggravated trespass. Because aggravated trespass always includes a threat to someone’s safety, the law punishes it...

California’s Fraudulent Conveyance Laws

What Is a Fraudulent Conveyance? It is never fun to pony up for the debts you owe, but some ways of trying to get out of paying can be considered a crime. If you are hearing from debt collectors, you may be determining strategies for minimizing or avoiding what you...

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...

California Laws on Mayhem and Aggravated Mayhem

Mayhem vs Aggravated Mayhem The crimes of mayhem and aggravated mayhem have precise definitions under California law. While the common understanding of the word “mayhem” is something similar to chaos, the crime of mayhem deals with maiming another individual. Whether...

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...

Mandatory Sex Offender Status for Indecent Exposure

Do I Have To Register as a Sex Offender for Indecent Exposure? California has some of the strictest sex offender requirements in the country, and indecent exposure is a crime that can result in mandatory registration. Indecent exposure is defined as willfully exposing...

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...

Disorderly Conduct vs. Disturbing the Peace

What Is the Difference Between Disturbing the Peace and Disorderly Conduct? California laws criminalize numerous behaviors that harm the public in general. Some of these crimes fall under a group of offenses that are considered to be disorderly conduct. Other actions...

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...

Public Health Order Violations in California

Can I Go To Jail for Violating a Stay-at-Home Order? During the coronavirus pandemic, both the state of California and local health officials have issued stay-at-home orders that require citizens to avoid unnecessary human interaction. Attempting to prevent the spread...

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...

Criminal Hazing at California Universities

When Does Hazing Become a Crime? On-campus Greek organizations are infamous for making pledges jump through degrading and embarrassing hoops to join a fraternity or sorority. These activities are often considered harmless hazing rituals, but can those tasks also be 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...

Carjacking Versus Grand Theft Auto in California

What Is the Difference Between Carjacking and Grand Theft Auto? Stealing someone else’s car is always a serious crime, but the difference between a carjacking and grand theft auto (GTA) can add up to years in prison. The crucial distinctions in California are:...

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....

Penalties for Heroin Possession in California

How Serious is Possession of Heroin in California? Oregon recently made headlines following the November 2020 election for passing a ballot measure to decriminalize drugs, including heroin. However, in California, heroin has not been decriminalized, and simple...

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...

DUI For Legal Marijuana Use in California

Can I Get a DUI for Using Legal Marijuana in California? When most people hear the phrase “DUI,” the first thing that comes to mind is drunk drivers. However, in California, you can receive a DUI for driving while “under the influence” of any...

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...

Legal Marijuana Possession in California

How Much Marijuana Can I Legally Possess in California? If you live in California, you probably know that the possession of marijuana became legal here in 2016 and that it’s now possible to buy legal marijuana at government-regulated dispensaries. However, the...

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...

What Is an Accessory After the Fact Charge?

This offense may be charged as either a felony or a misdemeanor Consider this scenario: your boyfriend comes home panicked. He tells you that he hit someone with his car after drinking a few beers, and he needs your help. Can you help him get rid of the car and then...

When Can I Be Charged with Insurance Fraud in California?

Insurance fraud charges often arise after a person makes a fraudulent insurance claim. When you come home from work one day, you find that your house has been broken into while you were gone. After calling the police, you start to tally up the missing items so you can...

Can I Be Charged with a Crime for Altering My Car’s VIN?

It may be charged as a felony or a misdemeanor All cars, trucks, and SUVs sold in the United States come with a vehicle identification number, more commonly known as a VIN. A VIN is like a serial number that is used to identify a motor vehicle, or an automobile part,...

What Is California’s Law on Chop Shops?

Operating a chop ship is a criminal offense in California The term “chop shop” is one that you may be familiar with from television or movies. In essence, it is where someone (typically with mechanical experience) takes apart, alters, or stores stolen cars or auto...

What Is Cyberstalking — And Is It a Crime?

The law recognizes that stalking can take many different forms in the modern era In the past, stalking usually involved following someone, or perhaps showing up at places where you know that they would be. However, in the era of the internet, social media, smart...

Are You Required to Get Out of Your Car at a Traffic Stop?

Supreme Court rulings hold that you are required to get out of the car if a police officer tells you to do so. It’s an all-too-common experience: you’re driving down the freeway when you see flashing lights in your rearview mirror. You pull over on the side of the...

Can the Police Pat Me Down If They Stop Me on the Street?

The police may be able to frisk you in certain situations. Picture this: you’re hanging out with your friends outside of your house when suddenly, the police roll up. They tell you that there have been reports of a robbery nearby, and the suspects match your...

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...

New Law Limits Probation Sentences to 1 to 2 Years

The bill was championed by Jay-Z and Meek Mill One of the most challenging aspects for any person involved in the criminal justice system is complying with probation terms. Probation is a period of supervision over someone who has been convicted of a crime (or plead...