California is increasingly turning to probation to save money over incarcerating non-violent offenders. If you have been charged with a crime in San Diego, you could be sentenced to probation in place of part or all of a potential jail or prison term, even if you are found guilty of a felony. While probation is […]
The Entrapment Defense Under California Law
One of the most commonly cited legal myths is that if you ask someone if they are a police officer, they have to tell you, or it is entrapment. Not only is this untrue, but it also underscores how little the average person understands about this legal concept. Unfortunately, entrapment is a complex area of […]
CPAC GPS and SCRAM Ankle Monitors in Vista and San Diego County
With authorities increasingly trying to find realistic solutions to jail crowding, ankle monitors are more popular than ever. But those court-ordered to use any type of ankle monitor are hardly living the easy life. Even so, this alternative to incarceration is still generally better than going to jail or prison. What Kinds of Ankle Monitors […]
When is a Crime an Infraction, Misdemeanor, or Felony?
California law defines three categories of crimes to distinguish which type of offenses are the most serious. While criminal charges may be filed as an infraction, a misdemeanor, or a felony, few people know which is worse. In terms of both the severity of the charges and the potential penalties, a felony is more serious […]
Understanding California Statute of Limitations Laws
It makes sense that someone could be charged with murder 30 years after the victim dies, but it wouldn’t be fair for someone to be accused of shoplifting that many years later. The statute of limitations is a legal way to ensure that those who committed heinous acts can be held responsible for their actions […]
What’s The Difference Between Assault and Battery In California?
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 […]
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 […]
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 […]
