It’s a TV trope seen in shows like Luke Cage, The Fugitive, Sense 8, and Prison Break; the main character is locked in prison for a crime he didn’t commit and must break out of prison to prove his innocence. But in real life, proving your innocence doesn’t mean you can just walk away after […]
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 When the law was originally enacted in 1998, it was very strict, and the penalty enhancements were mandatory.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 […]
What is the Meaning of a Hung Jury?
We strive to explain the criminal process in a way that makes sense to the average person so our prospective clients know what to expect as they navigate the justice system. One aspect of the system that commonly confuses people is the concept of hung juries. While most people know that a jury must reach […]
San Diego Unlawful Sodomy Attorney
Sodomy is essentially a fancy name for anal sex. While consensual sodomy is legal, when one party does not consent, it is a crime under California Penal Code 286 (PC). The consequences for forceful sodomy or the sodomy of a child are similar to those for forceful oral copulation, rape with a foreign object, and […]
1203.2 (PC): Probation Violation Lawyer in San Diego
California is increasingly turning to probation to save money over incarcerating non-violent offenders. If you have been charged with a crime in San Diego, you could be sentenced to probation in place of part or all of a potential jail or prison term, even if you are found guilty of a felony. While probation is […]
The Entrapment Defense Under California Law
One of the most commonly cited legal myths is that if you ask someone if they are a police officer, they have to tell you, or it is entrapment. Not only is this untrue, but it also underscores how little the average person understands about this legal concept. Unfortunately, entrapment is a complex area of […]
CPAC GPS and SCRAM Ankle Monitors in Vista and San Diego County
With authorities increasingly trying to find realistic solutions to jail crowding, ankle monitors are more popular than ever. But those court-ordered to use any type of ankle monitor are hardly living the easy life. Even so, this alternative to incarceration is still generally better than going to jail or prison. What Kinds of Ankle Monitors […]
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 […]
Understanding California Statutes of Limitations Laws
It makes sense that someone could be charged with murder 30 years after the victim dies, but it wouldn’t be fair for someone to be accused of shoplifting that many years later. The statute of limitations is a legal way to ensure that those who committed heinous acts can be held responsible for their actions […]
The Difference Between Assault and Battery In California
There are many reasons that people mistakenly believe the terms assault and battery can be used interchangeably. For one thing, police procedurals often lump the two together when detectives speak with one another. But more realistically, it’s because some states lump the two acts together. In California, however, the two crimes are very distinct. When […]
