Theft Offenses in California
Theft Offenses in California
Property that is taken unlawfully that is valued at $950 or less is considered petty theft under California Penal Code Sections 484-488. Theft that exceeds $950 is Grand Theft. Stealing and taking away another's property without that person's consent is property theft. Most commonly, people who commit shoplifting can be charged with petty theft if the value involved is $950 or less. Another type of theft within this code section…
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I’m Charged with a Violent or Serious Felony. What Should I Do Next?
In California, a felony is a crime which is punishable by death or by imprisonment in the state prison. Every other crime or public offense is a misdemeanor except those offenses that are classified as infractions. Violent and serious felonies defined in Penal Code sections 667.5(c) and 1192.7(c). The most common violent or serious crimes include residential burglary, robbery, kidnapping, murder, most sex offenses like rape and child molestation, any…
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Watson Murder- How a DUI related traffic fatality can lead to a 2nd Degree Murder Charge in California
It's something you read in the paper all the time- "Traffic Fatality in Orange County, Driver Arrested Under Suspicion of Driving Under the Influence". Especially with the death of Angels pitcher Nick Adenhart and the very public trial that followed his being killed by a drunk driver, this issue comes up again and again in Orange County, and throughout Southern California. Typically, if someone is under the influence of drugs…
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Vehicular Manslaughter
Vehicular Manslaughter occurs when someone drives a vehicle in a reckless and unsafe manner ultimately resulting in the death of another person. Some forms of reckless driving include speeding, driving under the influence of either drugs or alcohol or both and driving in an unsafe and wanton manner. In some circumstances, the offense can be filed as a felony if gross negligence is involved. Felonies are much more egregious than…
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A Warrant is Issued for My Arrest. What Should I Do Next?
An arrest warrant is usually a printed form filled in by a judge or magistrate directing any peace officer to arrest a particular individual and bring him or her before the judge. Once a person is arrested, he or she must be taken before the judge without unnecessary delay within 48 hours after the arrest. It is important to keep in mind, however, that the time prescribed by the law…
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I’m Charged with a Sex Crime. What Should I Do Next?
Most typical sex-related crimes defined by California law include a lewd or lascivious act upon a child under 14 years of age, molestation of a child 14 years or older, forcible rape, statutory rape that is defined as consensual intercourse with someone under the age of 18, obligation to register as a sex offender, possession of obscene materials, indecent exposure, lewd act in public place, solicitation of prostitution, and sexual…
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Penal Code 187(a) – Murder in California
In Penal Code 187 (a), California law defines murder as "the unlawful killing of a human being or a fetus with malice aforethought." Malice aforethought is a necessity in murder as opposed to manslaughter. This is a state of mind where someone intends to kill a person but not necessarily out of spite or hatred. Malice Aforethought can also exist if there is an intentional infliction of serious bodily harm…
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DNA Testing Of Discarded Cigarette Is Not Constitutionally Protected
The Third District Court of Appeals in Sacramento ruled in November 2010 that there is no expectation of privacy in a discarded item and that a DNA test of the item is not an unconstitutional search. Rolando N. Gallego was convicted of second degree murder in great part due to the DNA testing of a cigarette that he allegedly threw away on a sidewalk. Police officers collected the cigarette and…
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I’m Charged with Vandalism. What Should I Do Next?
In California, Penal Code 594 defines vandalism as maliciously damaging or destroying property belonging to another person, or defacing it with graffiti or other inscribed material. Someone acts maliciously when a person intentionally does a wrongful act, or when an individual acts with the unlawful intent to annoy or injure someone else. For the purposed of this offense, the defacement does not need to be permanent. Graffiti or other inscribed…
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Can I be charged for challenging someone to fight? What does the prosecution need to prove and what is the punishment?
Under the California Penal Code section 415 (1), for the defendant to be found guilty of this crime, the People must prove that: 1. The defendant willfully and unlawfully fought or challenged someone else to fight;and; 2. The defendant and the other person were in a public place when the fight occurred or the challenge was made;and; 3. The defendant did not act in self-defense. This can be charged as…
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