Human trafficking is the legal name for slavery, but these laws aren’t limited to only involuntary servitude but also include forced sexual encounters. In fact, if you break California’s pimping and pandering laws and the prostitute in question is a minor, you could also be charged with violating human trafficking laws in California under Penal […]
Will a Case Get Dropped if a Victim Refuses to Testify?
Many cases, particularly those involving domestic violence and sexual assault, come down to the alleged victim’s word versus the word of the accuser. Because these charges depend on the accuser’s testimony, courts have to balance the risks of further traumatizing the victim with the rights of the defendant to face their accuser in court and […]
Hazing in Vista Under California Penal Code 245.6 (PC)
One of the first things people associate with fraternities is the centuries-old tradition of hazing new pledges. Still, after multiple students died during hazing activities over the years, many states, including California, started banning dangerous initiation rituals. While not all forms of hazing are illegal, those likely to result in injuries are. If you have […]
Understanding the Gang Enhancement Law of California
California is home to some of the nation’s longest-running and most deadly street gangs. In 1988, to curb the violence associated with these criminal organizations, the state enacted Penal Code section 186.22 (PC), known as the California Street Terrorism Enforcement and Prevention (STEP) Act. Unfortunately, these measures ended up being disproportionately used against minority communities […]
The Felony Murder Rule of California: 189 (PC)
Under California law, violent offenders can be charged with murder if they kill someone while committing a felony. This section of the law is known as the felony murder rule and is detailed under California Penal Code 189 (PC). At one point, even accidental deaths that occurred during the commission of a felony could result […]
The Carjacking Law Under California Penal Code 215 (PC)
Carjacking is different than other crimes involving breaking into or stealing a motor vehicle in that it involves directly taking the car from someone else through the use of force. Because of the increased level of danger and trauma inflicted on the victims over that experienced through traditional auto theft or car burglary charges, the […]
Drive-By Shooting Penalties in Vista: 26100 (PC)
While some believe only the shooter is criminally liable in a drive-by shooting, that is far from the truth. Under California law, Penal Code section 26100 (PC) says if your vehicle was used for a drive-by shooting, but you were not present, you could be convicted if the prosecution can prove that you knew your […]
Are Sawed-Off Shotguns Illegal In California? Understanding 33215 (PC)
California state law prohibits manufacturing, possessing, selling, or importing short-barreled shotguns or rifles. Manufacturing includes sawing the barrel from a shotgun to make it a “sawed off” model. Possession charges can still be filed even if the weapon is in pieces as long as it can easily be reassembled. Contact a defense lawyer immediately if […]
What is Capital Murder in California? Special Circumstances and the Death Penalty
Have you ever wondered why some people get the death penalty for murder while others do not? The answer comes down to the specific details that make a crime a “capital murder” versus a typical first-degree murder. That’s because while capital punishment is still entirely legal, it is only applicable in a handful of murder […]
