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What are the California Criminal “Trespass” & “Trespassing” Laws?

California Penal Code 602 PC prohibits criminal trespassing.  Criminal Trespassing is entering someone’s property without their authorization and with the intent to offend the owner. PC 602 covers over 30 acts that are considered criminal trespassing.  Some of these actions you may have never considered as trespassing; but they are included and well defined in …   » Read More

What is the “Criminal Threats Law” in California?

A criminal threat occurs when someone makes statements that are so “unequivocal, unconditional, immediate, and specific” (CPC 422) that it actually causes the victim to reasonably fear for his or her own safety. The California law is severe and a defendant can be found guilty of making criminal threats even if there was no intent …   » Read More

Arrested for Drug Possession in San Diego – Your Options under PC1000 and Prop 36

California Penal Code 1000 and Proposition 36 were both enacted to give non-violent drug crime offenders alternatives to serving time in prison for drug possession. If you have been arrested for drug possession in San Diego, you will want to familiarize yourself with these programs.  With the help of a knowledgeable lawyer you can present …   » Read More

What are the California Perjury Laws?

Definition of Perjury Perjury is a crime that is committed when someone under an oath of truth administered by California State law intentionally gives false information. CALIFORNIA PENAL CODE SECTION 118 defines Perjury: 118.  (a) Every person who, having taken an oath that he or she will testify, declare, depose, or certify truly before any …   » Read More

What are the Medical Marijuana Laws in California?

Medical marijuana is in the news again. A medical marijuana club is suing a Riverside County city for $3 million, claiming police are harassing its members. The North County Times reported that the director of the Greenhouse Cannabis Club filed the suit. It claims that Murrieta police are violating medical privacy laws and threatening patients …   » Read More

What is Commercial Bribery in California?

When most people read, hear or think about Bribery, it is usually about a crime that involves public officials. But in California, bribery can also occur in a private business setting. When bribery takes place in a business, it is called “commercial bribery” and it is covered by California Penal Code (CPC) Section 641.3. The …   » Read More

What Constitutes Self-Defense in California?

“Self-Defense” functions as a legal defense in California. It can excuse behavior which would otherwise be considered as criminal. However, it does not apply to all situations, nor does it apply to all acts. California self-defense law is quite specific. The basic principle of self-defense is that you should not be punished for injuring or …   » Read More

What are the Carjacking Laws in California?

California “Carjacking” Laws are found in the California Penal Code 215.        (a) “Carjacking” is the felonious taking of a motor vehicle in the possession of another, from his or her person or immediate presence,  or from the person or immediate presence of a passenger of the motor vehicle, against his or her …   » Read More

What if There is Injury or Death to Another While Evading an Officer?

In California, Vehicle Code 2800.3 defines the crime of causing serious bodily injury or death to another person while evading or attempting to evade an officer.  The violation of VC 2800.3 is often a “wobbler”, which means that the prosecution can elect to file the charge as either a misdemeanor or a felony, depending on …   » Read More

What is “Felony Reckless Evading” in California?

In the previous post we discussed Evading a Peace Office in California. This is usually charged as a misdemeanor violation with possible penalties of up to one year in a county jail and a maximum $1,000 fine. The court may additionally impound your car for up to 30 days and/or suspend or restrict your driver’s license. …   » Read More

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