Street racing is considered a crime in California. This crime is committed when drivers operate their cars in a race through public thoroughfares without due regard to road safety. In so doing, they use the public roads as their racetrack, placing their lives and others in harm’s way. For the first offense of the crime […]

This crime of reckless driving has two kinds. The first one is called “wet reckless driving” or DUI and this one is called “dry reckless driving”. This is deemed as a misdemeanor offense under the California Vehicle Code 23103. The crime is defined as the operation of a motor vehicle with a flagrant disregard for […]

Many think that you need to be in a high-speed car chase to be ticketed for speeding. Even a few notches above the speed limit especially in a speed controlled area such as a school zone or restricted area can make you afoul of the law. The speed your car is traveling is determined through […]

This crime is committed when an individual operates a motor vehicle does the following: • The vehicle is operated in an unlawful manner not amounting to a felony, with or without gross negligence; • The said lawful act results in the death of another person in an unlawful manner; • The said unlawful act was […]

In California, when an individual intentionally causes the death of another without a legal excuse and such killing was done without conscious regard for human life, the crime of manslaughter is committed. While this may be similar to murder, there are major differences to these two crimes. The main difference between manslaughter and murder is […]

Sec 602 of the California Penal Code provides that the crime of criminal trespass is committed when an individual enters another person’s property without right or permission. Essentially, it is unlawful entry into another’s property, thus violating the rights of the owner over the property. In California law, there are over thirty (30) acts that […]

Sec 646.9 of the California Penal Code defines stalking is the commission of acts that harass or threaten another person to the point where the victim fears for their safety or the safety of their family. This crime is often associated with the following criminal acts in the California Penal Code: • Domestic violence cases; […]

Sec 286 of the California Penal Code penalizes the unlawful acts of sodomy and this is done through forcing someone to have sodomy against their will or perform acts of sodomy involving minor children. Sodomy is sexual contact that takes place when there is penetration of the anal region, regardless of degree of penetration. The […]

Secs 484 and 488 of the California Penal Code define theft as the unlawful taking of another individual’s property. Before, the two were considered as two separate and distinct offenses but now it has been joined under one umbrella theft case. Petty theft would be charged when the property taken is valued at no more […]

Sec 211 of the California Penal Code defines the crime of robbery as the unlawful taking of the property of another from another’s possession or immediate presence against their person’s will through the use of force or threats with the intention of depriving the owner of the value of the property or eventual ownership. This […]

Sec 290 of the California Penal Code penalizes a criminal convict of failing to register as a sex offender in the state of California. The following are the elements of the crime: • The offender was convicted of one of the California sex crimes under Sec 290 of the California Penal Code; • The offender […]

Sec 148(a)(1) of the California Penal Code defines a whole host of actions falling under the crime of resisting arrest. These are resisting, delaying or otherwise obstructing the performance of the duty of an officer of the law or other service providers. This is a misdemeanor offense and the imposable penalty would be one year […]

Sec 69 of the California Penal Code defines the criminal act as follows: 1) The willful and unlawful attempt by threats or violence to deter or prevent an executive officer from performance of their lawful duty; 2) The use of force or violence to resist an executive officer in the performance of their lawful duties; […]

Sec 496 of the California Penal Code defines the crime of receiving stolen property is considered a crime. As defined under the law, the act of receiving includes buying, selling, receiving, concealing or withholding property known to be stolen from another person. This law specifically charges those who knowingly perform these acts after the theft […]

Sec 261.5 of the California Penal Code defines statutory rape is committed when a person engages in sexual intercourse with a person under eighteen years of age. This is more commonly called as unlawful sexual relations with a minor. The following are the elements of the crime of statutory rape: • A male and a […]

Sec 262 of the California Penal Code defines the crime of marital or spousal rape as a man or a woman engaging in an act of non-consensual sexual intercourse with their spouse. The following are the elements of the crime of marital or spousal rape: 1) A male and a female engaged in sexual intercourse; […]

Sec 261.5 of the California Penal Code is committed when a person engages in sexual intercourse with an individual under the age of eighteen (18) years. This is commonly called as unlawful sex with a minor. The following are the elements of the crime of statutory rape: • A male and a female engaged in […]

Sec 243.4 of the California Penal Code defines two criminal acts, sexual assault and sexual battery, which would be discussed below. The crime of sexual battery is committed when the following facts are proven: • The accused had touched the intimate body parts of another individual; • The touching was against the will of the […]

Sec311 of the California Penal Code defines the rape as the crime committed when one person undertakes the use of force or threats to accomplish oral copulation with another person. This is considered as a serious offense and for the first offense, to which the mandatory penalty is incarceration in a state prison facility for […]

Sec 209.5 of the California Penal Code punishes the commission of kidnapping during the course of carjacking. This crime is essentially moving another person without the person’s consent through the use of force or fear upon the victim or the immediate family. This is a form of aggravated kidnapping, where the victim’s movement is incidental […]

Sec 20 of the California Vehicle Code specifically states that “it is unlawful to use a false or fictitious name or to knowingly make any false statement or knowingly conceal any material fact in any document filed with the Department of Motor Vehicles or the Department of the California Highway Patrol.” This is committed in […]

Sec 31 of the California Vehicle Code stipulates that “No person shall give, either orally or in writing, information to a peace officer while in the performance of his duties under the provisions of this Code when such person knows that the information is false.” There are many ways that this provision is violated, such […]

False imprisonment is the unlawful violation of the personal liberty of another person through restraint, confinement or detention without their consent. This provision though is much more specific in nature with greater penalties. Sec 210.5 of the California Penal Code defines the crime of false imprisonment using a hostage to protect from arrest as the […]

Sec 236 of the California Penal Code specifically prohibits the wrongful restraint, confinement or detention of another person without their consent. This commonly is known as “false imprisonment”. This does not mean that the individual would need to be in jail to apply the provisions of this offense. When any of the above acts are […]

The crime of aiding in abetting a criminal offense is committed in any of the ways described as follows: 1) For knowledge of the illegal plan of the perpetrators; 2) For intentionally encouraging and/or facilitating the performance of such crime; 3) For aiding, promoting or instigating the commission of the crime; The encouragement need not […]

Sec 602 of the California Penal Code provides that the crime of criminal trespass is committed when an individual enters another person’s property without right or permission. Essentially, it is unlawful entry into another’s property, thus violating the rights of the owner over the property. In California law, there are over thirty (30) acts that […]

Sec 261.5 of the California Penal Code is committed when a person engages in sexual intercourse with an individual under the age of eighteen (18) years. This is commonly called as unlawful sex with a minor. The following are the elements of the crime of statutory rape: • A male and a female engaged in […]

In the United States, the crime of vehicular manslaughter is committed when a death results from the negligent or reckless operation of a vehicle. This is also committed when a death results from the commission of an unlawful act not amounting to a felony. The victim in this case is either an individual not in […]

When an individual intentionally kills another person without a legal excuse or there is no conscious disregard for human life when the act is committed commits the crime of voluntary manslaughter. Murder is killing another person but this crime is differentiated from voluntary manslaughter due to the factor called malice afterthought. Malice afterthought exists when […]

By itself, driving under the influence or driving while intoxicated is a misdemeanor. This criminal offense though is raised to a felony as described in the case of People vs. Watson: “The requisite culpability for the vehicular manslaughter charged here is gross negligence which has been defined as the exercise of so slight a degree […]

The crime of murder is committed when there is an unlawful killing of a human being or a fetus with malice afterthought. This crime is stipulated in Sec 187(a) of the California Penal Code. When a person is killed, it is generally called as a homicide. The gravest form of homicide is murder, because of […]

The California Penal Code is a collection of laws that prohibit any activity involving illegal drugs and controlled substances. The law has prescribed the following as the objects of the crime: • Marijuana, its byproducts, seeds and other extracts; • Cocaine, its byproducts, base and other extracts; • Methamphetamine, its byproducts, base and other extracts; […]

Sec 23152 (a) of the California Vehicle Code or the crime of DUI marijuana involves driving either under the influence or in possession of the prohibited drug. There are two other cases that are involved in this case, such as Sec 11357(b) of the California Health and Safety Code or Possession of Marijuana and Sec […]

Sec 11362.5(a) of the Health and Safety Code is also known as the Compassionate Use of Act of 1996 and it allows the seriously ill in California to obtain and use marijuana for medical purposes. As a requirement, the medical use must be deemed appropriate and recommended by a physician who has determined that the […]

Sec. 11378 of the California Penal Code defines the crime of drug possession for sale as: Except as otherwise provided in Article 7 (commencing with Section 4211) of Chapter 9 of Division 2 of the Business and Professions Code, every person who possesses for sale any controlled substance which is (1) classified in Schedule II, […]

Section 11350 of the California Penal Code of 2002 defines the crime of drug possession as an individual who possesses any controlled substance specified or considered as a narcotic drug. A conviction for drug possession carries with it jail time and payment of fines, depending on the severity of the case. The accessory penalties to […]

The law criminalizes the growing, production and possession of plants and other naturally occurring elements with the purpose of creating illegal drugs or controlled substances. The main objects of this crime are the cultivation of the marijuana plant and the creation of plantations and other drying implements to create marijuana. Marijuana’s scientific name is the […]

Sec 203 of the California Penal Code specifically reads as follows: “Every person who unlawfully and maliciously deprives a human being of a member of his body, or disables, disfigures, or renders it useless, or cuts or disables the tongue, or puts out an eye, or slits the nose, ear, or lip, is guilty of […]

Sec 647(a) of the California Penal Code when an individual solicits anyone to engage in or engages in lewd or dissolute conduct in any public place or in any place open to the public or exposed to public view. The following are the elements of the crime of lewd conduct in public: • The accused […]

In the United States, the crime of vehicular manslaughter is committed when a death results from the negligent or reckless operation of a vehicle. This is also committed when a death results from the commission of an unlawful act not amounting to a felony. The victim in this case is either an individual not in […]

The crime of reckless driving, specifically “dry reckless driving” is a misdemeanor violation of Vehicle Code 23103 and is defined as driving a motor vehicle with flagrant disregard for property and/or people. Dry reckless driving is differentiated from wet reckless driving which is driving under influence. Unlike DUI convictions, dry reckless driving is not covered […]

Sec 487(d)(2) of the California Penal Code specifically applies to property, money or other things that are taken unlawfully should the value of the property would not exceed $950. While this is the general rule, taking of the firearm is one that elevates the criminal offense to grand theft regardless of the actual value of […]

There are two specific laws that are covered within this criminal offense. These are Sec 487(d)(1) of the California Penal Code and the Sec 10851 of the California Vehicle Code. These are most commonly known as “grand theft auto” (GTA) or auto theft, vehicle theft or joyriding. There is a difference between grand theft auto […]

The general law applicable to gang crimes in the state is the California Street Terrorism Enforcement and Prevention Act. Particularly, Sec 186.22 of the California Penal Code criminalizes gang membership and association with gangs on top of the crimes that have been committed. This law operates by way of individuals that commit felony for the […]

The crime of prescription fraud, also called doctor shopping, is defined by Secs 11173 and 11153 of the Health and Safety Code of California as the use of multiple providers and pharmacies to get multiple prescriptions for controlled substances, without the providers and the pharmacies about the other prescriptions. Another name for this crime is […]