Information on New Criminal Defense Laws in California
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Difference Between Murder and Homicide in California – Is There One?
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If you are accused of causing another person’s death in California, you might hear law enforcement mention terms such as homicide or murder. While these terms are often used interchangeably, they have different legal meanings. Under California law, any killing of a human being by another, whether it was done legally, accidentally, or on purpose, is referred to as homicide. The term murder, on the other hand, is a form of homicide that refers specifically to an unlawful killing committed with malice. The differences in these two terms typically lie in the circumstances, intent, and outcomes of the act rather than the words themselves. Knowing these differences can help you know the potential penalties and the defense strategy you can use if charged. This blog will explain everything you need to know about homicide and murder under California laws. Homicide Under... Read More
Is Having Sex in a Car Against the Law?
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While consensual sex in a car is not explicitly prohibited under California law, it can still lead to criminal charges if it occurs in a public or visible location. Statutes related to lewd conduct, indecent exposure, or public nuisance may apply based on the circumstances. These charges may lead to fines, jail time, and a criminal record. In some cases, particularly when linked to sex offenses, they may also impact immigration status. If you are facing these charges, you should understand the relevant California Penal Codes and seek legal counsel as soon as possible. This guide explains the applicable laws, potential penalties, and available legal defenses to help protect your rights and future. California Penal Code § 647(a): Lewd Conduct in Public In California, the law that is most frequently used when sexual activity in a vehicle results in criminal charges is... Read More
Petty Theft vs Grand Theft in California – The Difference?
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Whether your theft charge is petty or grand theft will determine the likely fines you will pay or whether you are sent to a county jail or state prison upon conviction. The difference lies in the value of the stolen goods, but it is not always that simple. In some cases, the law sets aside the dollar amount rule, such as if a firearm is stolen (that is always grand theft). If you know the details of each crime and the penalties, you can figure out your situation and decide what to do to protect your future. How Do The Definitions Of Petty Theft And Grand Theft Differ? What Is “Theft” in California? No matter how serious, all theft offenses have these four main elements in common: Someone else was the legal owner or possessor of the property you took You took the property without having permission to do so When you took the item, you planned to keep it for good or... Read More
Freeway Accident Due to Bad Lighting – Who is Liable?
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Driving on a dark freeway at night is like navigating a minefield. Shadows dance, visibility drops, and hazards can appear out of nowhere. Although drivers are primarily responsible for the safe operation of a vehicle, what happens when poor infrastructure, in this case, inadequate lighting, contributes to a serious collision? An unexpected crash in the dark could cause you to suffer injuries or death. The question then arises, “Who is at fault? The drivers or the people who were responsible for ensuring road safety?” Investigating liability in a freeway accident due to inadequate lighting will involve establishing negligence, duty of care, and the importance of lighting. This is not merely about who was driving but focuses on systemic deficiencies that can turn a typical commute home into a horrific incident. What Constitutes "Bad Lighting" on a California... Read More
Is Hit and Run a Felony?
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A hit-and-run occurs when you flee from the scene of an accident that has resulted in property damage or an injury. The law requires drivers to stop, offer assistance, call the police, and exchange information when involved in an accident. You are legally required to stop, regardless of injury or fault. This facilitates the police in obtaining clear statements to determine the accident's cause and the responsible party. Hit-and-run accidents can be prosecuted as misdemeanors or felonies in California, depending on the case details. A conviction for a felony results in a more severe penalty than a conviction for a misdemeanor. It helps to understand why you face felony charges after a hit-and-run to prepare yourself for what to expect during and after a trial. A skilled criminal attorney can help with this. They can also protect your rights and use the best defense... Read More
Can a Felon Own a Gun in California?
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In California, a single felony conviction can cost you your Second Amendment right to own a gun. Under California Penal Code 29800, a felony conviction almost always means you cannot own or possess a firearm ever again. But how long do you have to wait to regain your right to own a firearm? Most people with a state or federal felony conviction face a lifetime ban. However, California and federal gun laws are complicated, and every case is different. If you have a felony conviction, the court can look at your case to see whether you qualify for any relief options that could help you restore these rights. In this blog, we will discuss whether California laws allow convicted felons to own firearms and what you can do to regain your gun ownership rights after a conviction. Keep reading to learn more. “Felon In Possession of a Firearm” Law Under California Penal Code... Read More
