In 2017, California enacted new theft laws to ensure those who shoplifted could only be charged with a misdemeanor or infraction, whereas prosecutors previously filed felony burglary charges against shoplifters. After the law was changed, most offenders qualified for a diversion program, allowing them to avoid having a conviction appear on their criminal record. While […]
Facing Conspiracy Charges in California? Call My Offices Today
When people hear the word “conspiracy,” they typically think of some crackpot theory you might read online. Under California Penal Code section 182 (PC) though, a conspiracy occurs when two or more people work together to plan or commit any crime. Conspiracy allegations are drastically different than most criminal charges, as a person accused of […]
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 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 When the law was originally enacted in 1998, it was very strict, and the penalty enhancements were mandatory.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 […]
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 […]
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 […]
What are the Penalties for Stealing a Catalytic Converter in California?
Catalytic converter theft is dramatically increasing in frequency. This crime may be charged as a misdemeanor or felony in California, depending on the value of the auto part.
246 (PC) and 247b (PC): Shooting at a Dwelling, House or Vehicle
Shooting into a structure such as a home, car, motorhome or aircraft is unquestionably dangerous. In many cases, it’s impossible to tell if anyone is inside or not, which is precisely why you can face felony charges whether or not a dwelling was occupied. What specific charges you’ll face, as well as the penalties will […]
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 […]
Can Two People be on Trial at the Same Time in Vista, California?
Most people charged with a crime settle things in a plea bargain. When things aren’t settled this way, they go to trial. While most people go through their trials alone, some co-defendants facing charges from the same circumstances are tried together. While these joint trials save court resources and make it easier for witnesses, they also […]
