In a recently published decision, a California Court of Appeal decided that a judge may consider a Probation Officer’s report when deciding whether to reduce a felony charge to a misdemeanor. Case Name: People v. TranOpinion Date: 12/1/2015 Trial court may properly consider the facts set forth in a probation report that the defendant had…
Scenario Suppose that the parents of a twelve-year old girl spanked her on her backside with a wooden spoon, and that the spanking was done with enough force to produce visible bruises. Question Does the parent’s use of a wooden spoon to spank the girl rise to the level of criminal “child abuse” as defined…
Uttering criminal threats in California can have serious legal repercussions. The state of California handles criminal threats as either a misdemeanor or felony. But what constitutes a criminal threat? California Penal Code Section 422, reveals that simply telling someone you will kill them (or cause bodily harm) is not enough to constitute a criminal threat….
The Internet has changed the world in big, important ways. It’s allowed people from different countries and cultures to exchange ideas in ways that would never before have been possible, and it’s altered the way social movements, politics, and even big business works in the modern age. It has, in a real sense, revolutionized how…
According to the LA Times, it is virtually certain that Californians will vote on a ballot initiative that will make marijuana possession for recreational purposes legal. If the ballot initiative passes, California will join a handful of other states such as Colorado, where pot is legal according to state law but still illegal according to…
When police investigate a suspected burglary, they carefully comb the scene for evidence that a suspect might have left behind. In extreme cases, suspects might leave themselves behind (as with this recent alleged break-in involving a suspect who fell asleep on the victim’s couch). But more often, the evidence is subtle. It can also remain…
Attempted murder in violation of Penal Code 664/187, takes place under a wide variety of circumstances, ranging from gang shootings to bar fights to situations where someone hires a hit man. If you’re charged with this crime in California, you could face years-long prison sentences, including life in prison if your actions were premeditated. To…
Few areas of the law have so many crimes and violations associated with them that an entire, separate court system has been set up to deal with them; illicit drugs is one of those areas. Selling drugs is a crime, manufacturing drugs is a crime, and just possessing drugs is a crime. One particular crime…
Under California Penal Codes 451 and 452, there are two main types of arson charges. One of them involves deliberately and maliciously setting a fire; this is the criminal act called ‘arson’ and is a felony. The second is called “reckless arson” or “reckless burning” which also involves setting a fire to property or forest…
Under California Vehicle Codes 20001 and 20002, a hit-and-run charge can result from leaving the scene of a car accident without first making your identifying information known to anyone else involved. The accident in question needs to result in another person’s property getting damaged (misdemeanor hit-and-run) or another person sustaining injuries (felony hit-and-run). The following…
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