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Criminal Law

California Criminal Defense Blog

Focuses on drug crimes, criminal defense, white-collar crimes, drunken driving and sex crimes.
By Neil Shous, Esq.

Post Frequency: 1.9/day

Last Entry: March 30, 2011 at 16:57:15

Arraignment Postponed for Los Angeles "Grim Sleeper"

Posted on July 28, 2010
Arraignment was postponed for Lonnie Franklin Jr. (a.k.a. the ?grim sleeper) until August 23rd because of a change in his public defender. The Los Angeles man who was charged with 10 counts of murder and one count of attempted murder...

When Therapists Also Need Help

Posted on July 22, 2010
Professionals beware?if you suffer a criminal conviction (or perhaps even simply suffer an arrest)?your professional license, livelihood, and reputation are on the line. This is because most California professional organizations discipline their members for criminal conduct...

Attempted Murder -- California's "Catch-all" Crime

Posted on July 20, 2010
California?s attempted murder law is easy to charge but fortunately a little more difficult to prove. We say this because anytime someone is beaten, sexually assaulted, maimed, or even threatened, overzealous prosecutors charge this crime. They attempt to prove that...

A Felon No More

Posted on July 14, 2010
Our society stigmatizes criminals. I know, this isn?t news, right? But what is noteworthy is the fact that you don?t necessarily have to bear the lifetime burden of being labeled a ?felon?. California law allows certain felony offenses to be...

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The Difference Between Resisting Arrest and Resisting an Executive Officer

Posted on July 12, 2010
Penal Code 148(a)(1) PC California?s resisting arrest law and Penal Code 69 PC California?s resisting an executive officer law are very closely related. Both punish an individual for physically resisting an officer who is engaged in the performance of his/her...

Unexplained Fourth of July Drive-By Shooting

Posted on July 08, 2010
Last Sunday night, as people were shooting off fireworks at Collingwood and Matson Streets in Sacramento, California celebrating the fourth of July, two people were shot during a drive-by shooting. Both victims were taken to the hospital with non life-threatening...

How Injuries Affect a California Battery Conviction

Posted on July 08, 2010
There are essentially three levels of injury that are addressed under California?s battery laws: minor injury, serious bodily injury, and great bodily injury. If you are convicted of Penal Code 242 PC battery?and you caused the alleged victim to suffer...

$500,000 Worth of Illegal Fireworks Found in a La Puente Home

Posted on July 02, 2010
Last week, police discovered about $500,000 worth of illegal fireworks stockpiled in a La Puente home in Southern California. According to the Los Angeles County Fire Department, an accident could have ignited a fire that could have quickly destroyed neighboring...

Felony Evasion of a Peace Officer Causing Injury or Death...What Happens When People Get Hurt

Posted on June 24, 2010
Yesterday we wrote about what happens when people attempt to evade the police and they willfully disregard the safety of other people and property. In that case, no actual injury need occur to be found guilty, nonetheless the punishment is...

High-Speed Chases and Felony Evasion of a Peace Officer...What Happens When the Show's Over

Posted on June 23, 2010
At the beginning of the day, the Manhattan Beach Police Department wanted Vincent Olivadoti for a string of felonies: identity theft, burglary, drug offenses, vandalism, and more. By the end of the day, Vincent could add another one to the...

Understanding the Difference between Robbery, Burglary, and Theft

Posted on June 18, 2010
These three California offenses are very closely related...and commonly confused. This is because each one shares ?elements? with the other. Let me explain. Penal Code 211 PC California?s robbery law punishes the act of taking someone else?s property from that...

False Imprisonment vs. Kidnapping

Posted on June 17, 2010
Penal Code 236 PC California?s false imprisonment law and Penal Code 207 PC California?s kidnapping law are frequently confused and commonly misunderstood. Many people believe that Penal Code 236 PC California?s false imprisonment law necessarily involves incarceration in a jail...

Dissuading a Witness -- A Relatively Minor Offense...That is, Unless You're a Gang Member

Posted on June 16, 2010
Penal Code 136.1 PC California?s ?dissuading a witness law? is a wobbler. A ?wobbler? is an offense that prosecutors can choose to file as either a misdemeanor or a felony. When convicted of Penal Code 136.1 PC California?s ?dissuading a...

Top Five Reasons Why California's 10-20-Life Law is Unduly Harsh

Posted on June 15, 2010
California?s ?10-20-life ?use a gun and you?re done?? law subjects an offender to ten years in prison for using a gun, 20 years for discharging a gun, and 25-years-to-life for seriously injuring or killing another person with a gun. What?s...

Prison vs. Release

Posted on June 11, 2010
Most of the time, we would assume that being free is better than being incarcerated. But that may not be the case for sex offenders or for sexually violent predators (referred to as SVPs). When these individuals are released back...

Mentally Disordered Offenders

Posted on June 10, 2010
Mentally disordered offenders (referred to as MDOs) are California state prison inmates who suffer from severe mental illness. And while it is believed that more than half of all state jail and prison inmates are affected by mental illness, MDOs...

Authorities Bust California Drug-Trafficking Gang

Posted on June 09, 2010
Authorities arrested thirty-six alleged members and associates of the Nuestra Familia (our family) criminal street gang for drug distribution conspiracy and related charges. Each defendant faces life in prison and a $4,000,000 fine. Federal, California, and local law enforcement agencies...

California Gun Laws

Posted on June 07, 2010
California firearm offenses seem to be on the rise. It?s as if there?s always a news story about a celebrity being charged with carrying a concealed weapon, someone being held-up at gun point, an innocent victim being gunned down in...

The Difference Between Negligently Discharging a Firearm and Shooting at an Inhabited Dwelling

Posted on June 04, 2010
Penal Code 246 PC ?shooting at an inhabited dwelling? prohibits intentionally firing a gun at an inhabited home or occupied car. And, for that matter, it?s not even necessary that you fire ?at? a home or car?simply shooting in close...

Shooting at an Inhabited Dwelling and its Connection to Murder

Posted on June 02, 2010
Penal Code 246 PC California?s law against ?shooting at an inhabited dwelling? prohibits willfully and maliciously firing a gun at a ?lived in? home, regardless of whether anyone is home at the time. But if the prosecutor can prove that...

Ex-Duke Football Players Plead Guilty to Gun Charges

Posted on May 28, 2010
Last week, three ex-Duke football players pled guilty to two misdemeanor gun charges: possessing a gun on school grounds and possessing a concealed weapon. Each student received a one-year probation, a $500 fine, and community service. Because these were misdemeanor...

Guns, Knives, Beer Bottles, and Dogs...All Deadly Weapons

Posted on May 27, 2010
Yes, that?s right. California law recognizes even seemingly innocent objects such as beer bottles and animals such as dogs as deadly weapons?that is, if used in a manner that is likely to cause a serious injury to another. If, for...

Assault with a Deadly Weapon or Assault with a Firearm?

Posted on May 25, 2010
The answer to this question can be somewhat confusing under California law. Take for example, a situation where someone points a gun at someone else. While it would seem like this would be an obvious violation of California?s ?assault with...

Are Knife Laws Becoming More Lenient?

Posted on May 25, 2010
In New Hampshire they are. In California, not so much. Last Thursday, New Hampshire repealed a law prohibiting people from carrying switchblades, stilettos, dirks, and daggers. What used to be considered a misdemeanor is now perfectly legal in that state...

Delta Pilot Arrested for Carrying a Concealed Weapon

Posted on May 21, 2010
Police arrested a Delta Airlines off-duty pilot last Saturday when airport security found a concealed loaded handgun in his luggage. Although the pilot reportedly had a permit to carry a concealed weapon, that authority doesn?t extend to an airport. This...

Orange County District Attorney's Office Drops Domestic Violence Charges against Jenna Jameson's Boyfriend Tito Ortiz

Posted on May 19, 2010
The Orange County District Attorney?s Office announced last week that they were rejecting domestic violence charges that were brought against Tito Ortiz ? the boyfriend of former porn star Jenna Jameson. Initially Jameson reported that Ortiz had ?attacked her? but...

Room for Redemption

Posted on May 18, 2010
No more life in prison without possibility of parole for juvenile offenders convicted of nonhomicide crimes. So says the Supreme Court. Such a punishment contravenes the evolving standards of decency through which we evaluate the Eighth Amendment. Such a punishment...

It's Ironic - You Don't Have to Personally Use a Firearm to be Convicted of Personally Using a Firearm in California

Posted on May 18, 2010
That?s right, you read that correctly. California law provides that you can be convicted of using a firearm even if you?re not the one who uses the gun. This is because Penal Code 12022 and PC 12022.5, California?s sentencing enhancements...

Weapons of Mass Destruction

Posted on May 17, 2010
Failed New York Times Square bomber Faisal Shahzad was charged with, among other things, attempting to use a ?weapon of mass destruction?. The alleged weapon was a ?destructive device? more commonly referred to as a bomb. Shahzad faces federal charges...

California Laws Regarding Private Gun Transfers

Posted on May 17, 2010
Unlike some other states, California requires that all private party gun transfers be brokered through a licensed California gun dealer. If you don?t participate in this type of required exchange, the circumstances of the offense will dictate which California gun...

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