Assault and battery are often mentioned together, especially in police procedurals, and some states even charge the two offenses together. In California, however, they are separate offenses—the key distinction is the use of force. Assault is the threat or attempt to use force, whereas battery involves the actual use of force. The Definition of Assault […]
California Search and Seizure Laws
For you to be charged with a crime, police must find enough evidence to indicate your guilt. For the charges to result in a conviction, the evidence must be strong enough to prove your guilt beyond a reasonable doubt. While the California and US Constitutions protect citizens from illegal and unreasonable search and seizure, police […]
It is Not Illegal to Wear a Mask in Public in California
Maybe it’s because of Hollywood or perhaps it’s just because California loves Halloween more than other states, but our state’s mask laws are pretty relaxed overall. In fact, whereas some states make it illegal for people over 16 to wear masks and others ban their use outside of October, wearing a mask is legal for […]
Can I Legally Drive Barefoot?
For some reason, it seems everyone has heard that it is illegal to drive barefoot. Sometimes, the person spreading these rumors claims it’s an infraction. Other times, they may even say it’s a misdemeanor under the state’s reckless driving laws. But if you’re hoping you can go shoeless behind the wheel, go ahead and slip off your […]
Defenses and Sentences for Hate Crimes In California
People commit crimes for many reasons, but jurors are usually more sympathetic when an offense was performed out of desperation or a result of a personal conflict rather than due to biased, hateful beliefs. To help protect the civil rights of individuals and punish those who victimize others based on prejudice, California has enacted many […]
Can Teachers Carry Guns on Campus in California?
School shootings have become a sad reality in our current world. While some people argue the solution lies in creating more gun laws to prohibit potential mass murderers from gaining access to these weapons, others believe we should instead ensure more “good guys,” such as teachers, have firearms so potential killers can be stopped before […]
You Can Get a DUI on a Horse in California
Under California DUI laws, anything self-propelled can be considered a vehicle. Under Vehicle Code section 21050 (VC), anyone riding or driving on an animal on public property is subject to the same laws as those operating a motor vehicle. In other words, these two laws make it illegal to ride a horse or operate a […]
CA Penal Code 289 (PC): Forcible Sexual Penetration With a Foreign Object
In California, forced sex charges aren’t limited to acts involving rape with a penis. They can also include acts of oral copulation by force or fear or an act of non-consensual sexual penetration with an object, including another body part. Forcible penetration with a foreign object is a sex crime under California Penal Code section 289 (PC), and the offense carries serious criminal […]
How are Plea Bargains Made?
Everyone has heard the term “plea bargain,” but far fewer could give you the definition or tell you what different types of plea agreements exist. Interestingly, while the average person knows far more about criminal trials, most cases in America are settled through plea bargains. Nationwide, the Department of Justice reports that between 90 and […]
What Happens to Your Stuff When You go to Prison?
When you’re incarcerated, you are stuck behind bars and unable to access your bank accounts or pay bills. So what happens to your house and personal belongings when you go to jail? That’s actually a common question many clients ask their criminal lawyer. Unfortunately, the answer is sadly complex, which is one of the […]
