False imprisonment is one of the more easily understood sections of the California penal code as it involves illegally detaining someone against their will. Though the offense, as defined under California Penal Code section 236 (PC), is relatively straightforward, things can get confusing when distinguishing between this charge and the similar crimes of domestic violence, kidnapping, human […]
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 […]
Is Jury Nullification Legal in California?
Sometimes the law is unjust. The law itself may be morally reprehensible, the penalties may be too harsh for the crime, or an ordinarily reasonable law may seem unfair in a particular case. In these cases, jurors may sometimes resort to a practice known as jury nullification, meaning they base their verdict not on the […]
Citizen Arrest Laws in Vista, California: CA Penal Code 837 (PC)
If you’ve ever asked yourself, “Is a citizen’s arrest a real thing?” after watching a TV show depicting one, you’ll be happy to know you’re not alone. In California, they are absolutely real and legal as long as they follow the rules set forth under the law. Citizen’s arrests are an important part of the […]
Attempted Murder Charges Can be Difficult to Prosecute in Vista, California
Attempted murder charges are very serious, but you can defend yourself as long as there is not enough proof that you were actually attempting to kill the victim.
The 10-20-Life Law of California
California Penal Code 12022.53 (PC), also known as the “10-20-Life” statute or “Use a Gun and You’re Done” law, adds additional penalties when you use a gun during the commission of certain crimes. When the law was originally enacted in 1998, it was very strict, and the penalty enhancements were mandatory. It has since been […]
Biking Under the Influence: 21200.5 (VC)
You know you shouldn’t drive drunk, so it may seem reasonable to take a bike to Pure Project Vista and then enjoy a scenic ride through Buena Vista Park. But despite your good intentions, riding a bicycle after drinking at a party, microbrewery, or bar to avoid the dangers of drunk driving is still risky […]
Are Switchblades Legal in California? Not Generally
California has some of the strictest weapons laws in the nation. While people often ask “are switchblades legal in California?” The answer is no, but California knife laws are notably complex, especially the parts that cover switchblade knives, to the point where sometimes those charged with the crime weren’t actually in possession of a switchblade. […]
Top Vista & San Diego Drug Distribution and Trafficking Attorney
If you were caught transporting a large quantity of drugs and prosecutors believe you intended to sell or distribute them, you can be charged with trafficking. If you are arrested for any drug charge, what you say to the police could drastically affect your case. Refuse to answer any questions after you have been arrested […]
Peeping Tom Laws In California: California Penal Code Sections 647 (i) and (j) (PC)
California law has two penal code subsections to protect the public from violations of their privacy by those commonly called “peeping Toms.” The first covers peeking at someone while loitering, while the second involves using a device of some kind to violate someone’s privacy. If you have been accused of either of these crimes, a […]
