California recognizes marriages between a man and a woman and two partners of the same sex. It does not, however, acknowledge marriages involving more than one person or those where one party is already married to someone else. Polygamy and bigamy are crimes in California, and if either person getting married knows that one of […]
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 When the law was originally enacted in 1998, it was very strict, and the penalty enhancements were mandatory.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 […]
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 […]
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 […]
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 […]
Defenses and Sentences for Hate Crimes In California
People commit crimes for many reasons, but jurors are usually more sympathetic when an offense was performed out of desperation or a result of a personal conflict rather than due to biased, hateful beliefs. To help protect the civil rights of individuals and punish those who victimize others based on prejudice, California has enacted many […]
Possession of a Firearm and Drugs in California
Some drugs cause paranoia, and dealing and purchasing drugs can sometimes be dangerous. With these things in mind, it’s not surprising that many people who are arrested with drugs also carry weapons. Unfortunately, just carrying a gun and any amount of certain drugs is a criminal act in itself. Here’s what you should know about California’s possession of […]
What Rights do Felons Lose in California?
Felons in California are subject to many penalties, even after they serve their time and pay off their criminal fines. The good news is that California does not restrict the constitutional rights of felons nearly as much as other states. Unfortunately, the state still does have many restrictions on what felons are not able to […]
Is Lying to the Police a Felony in California?
You can’t be charged with obstruction of justice if you refuse to speak with the police, no matter how many police procedurals say otherwise. But while you have the right to remain silent (as long as you do it right by properly invoking your Fifth Amendment rights) and to have a lawyer present when you […]
