The mere possession of a crowbar, or even a set of lockpicks, does not make someone a criminal. But if prosecutors can prove the person in possession of these items intended to use them to , then that person could be found guilty of violating California Penal Code Section 466 (PC), aka possession of burglary […]
If You Return Someone’s Property, Can You Avoid Criminal Charges?
As a child, everyone learns that borrowing without asking and borrowing without returning an item are both considered stealing the item from the owner. But from a legal perspective, things aren’t so clear cut. That’s because California’s theft laws require someone to intend to either permanently take an item or at least take it long […]
Is Ignorance of the Law a Defense? The Concept of Mens Rea
You’ve no doubt heard the expression that “ignorance of the law is not a defense,” and while that’s true in most cases, it’s not the full story. For one thing, there are a handful of laws that are only crimes if the defendant knew they were breaking the law -for example, it is illegal to […]
