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What is the Legal Definition of “Evading an Officer”?

The California Vehicle Code (VC) Section 2800 explains your legal responsibility to comply with Peace Officer Orders. A violation of this code is commonly known as misdemeanor evading, which is a lesser charge than felony reckless evading.  Although both “evading” charges are closely related to the “resisting arrest” law, they are separate offenses. VC 2800 states: …   » Read More

Criminal Defense for Veterans with Stress Disorders

According to the State Department of Veterans Affairs, approximately 30,000 veterans will be returning to California in 2012.  It is well known that many of our vets come home with various medical problems, including post-traumatic stress disorder (PTSD), substance abuse, or other psychological issues stemming from their service in the military. There is a relatively …   » Read More

What is the Concealed Weapon Law in California?

Legal Definition of “Carrying a Concealed Weapon” in California It is written in the California Penal Code Section 12025 that:   (a) A person is guilty of carrying a concealed firearm when he or she does any of the following: (1) Carries concealed within any vehicle which is under his or her control or direction any pistol, …   » Read More

Who can Own and Carry a Gun California?

The California gun laws allow many citizens to own and carry a firearm in the state. The following people are prohibited from possessing a gun : felons (anyone convicted of any felony offense in any jurisdiction) persons convicted of certain misdemeanor offenses persons who are addicted to narcotics persons who suffer from mental illness minors ( …   » Read More

What is the Lewd Conduct Law in California? What are the Defenses?

Lewd or dissolute conduct is covered in the California Penal Code Section 647. (It is  a completely separate and distinct Law  from Lewd Acts with a Child, California Penal Code 288) Lewd Conduct  CPC Section 647 states: Except as provided in subdivision (l), every person who commits any of the following acts is guilty of …   » Read More

What is the Stalking Law in California?

The California Stalking Law is found in the California Penal Code Section 646.9.  The law began in 1990 in response to a number of celebrity stalking cases. Today the stalking law is more frequently used by average people who allege they are being stalked. CPC 646.9 defines stalking: (a)        Any person who willfully, maliciously, and …   » Read More

What are the Extortion Laws under the California Penal Code?

California PENAL CODE (CPC) SECTION 518-527 defines Extortion: CPC 518.  Extortion is the obtaining of property from another, with his consent, or the obtaining of an official act of a public officer, induced by a wrongful use of force or fear, or under color of official right. http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001-01000&file=518-527 In non-legal terms, this means you break the law …   » Read More

What are the Arson Laws in California?

Arson is defined in the California Penal Code (CPC) 451 and 452. CPC451:  A person is guilty of arson when he or she willfully and maliciously sets fire to or burns or causes to be burned or who aids, counsels, or procures the burning of, any structure, forest land, or property. CPC452:  A person is …   » Read More

Felony Hit and Run Laws in California

Leaving the scene of an accident is considered a hit and run violation in California. California Vehicle Code (CVC) Section 20001 http://www.dmv.ca.gov/pubs/vctop/d10/vc20001.htm mandates the duty of the driver involved in an accident, where another person is injured or killed, to stop at the scene of the accident: CVC 20001.  (a) The driver of a vehicle involved in an …   » Read More

California Hit and Run Accident Involving Property Damage

There are two types of hit and run violations in California; misdemeanor and felony. A misdemeanor involves property damage and a felony is concerned with personal injury to the other party. In this article we will examine the misdemeanor hit and run as recorded in the California Vehicle Code 20002:   http://www.dmv.ca.gov/pubs/vctop/d10/vc20002.htm California V C …   » Read More

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