Currently Browsing: Blog Page

Petty Theft - Cal. Pen. Code § 484(a)

What is a petty theft(1)  The statute for petty theft is quite complicated: Every person who shall feloniously steal, take, carry, lead, or drive away the personal property of another, or who shall fraudulently appropriate property which has...

Read More

Shoplifting(1)– Cal. Pen. Code § 459.5

What is shoplifting?(1) Shoplifting is a misdemeanor crime, and the statute specifies the value of the stolen goods must be under $950. If the property stolen amounts to more than $950 you could be charged with a felony.(1)   Unlike Petty...

Read More

Receiving Stolen Property – Cal. Pen. Code § 496

In California, you could be charged with this if you have bought, received, or sold a stolen good. This could be charged as a felony, with prison time, or a misdemeanor with similar punishments as shoplifting. The elements are very complicated. If you...

Read More

Misdemeanor Battery and Assault (Penal Code §§ 242 and 240)

The misdemeanor criminal offense of battery is outlined in Penal Code § 242  “A battery is any willful and unlawful use of force or violence upon the person of another.” The elements of a battery are: The defendant used...

Read More

Penal Code § 243(e)(1)Domestic Battery

What is a Domestic Battery? Domestic battery is a willful or unlawful touching towards a current or former intimate partner (spouse, cohabitant, fiancé, dating partner, co-parent) in a harmful or offensive way, and not an act of self-defense....

Read More

Have you been charged with a criminal offense under Penal Code § 273.5?

What is California Penal Code § 273.5 exactly? Penal Code § 273.5 is commonly referred to as domestic violence or domestic battery. To be convicted under this penal code section, the prosecution must show that you: - Caused an intentional...

Read More

Do you have a warrant out for your arrest?

Do you have a warrant out for your arrest? Did you fail to appear in court? This is what to do when you have an arrest warrant or a bench warrant in California. What is a warrant? In general terms, a warrant is an order issued by a competent...

Read More

Have you been charged with a felony? If yes, you have the right to a Preliminary Hearing.

What is a Preliminary Hearing? A preliminary hearing is an evidentiary hearing that is held prior to a felony trial; the goal is to prevent unnecessary arrest and imprisonment by assessing whether there is enough evidence to compel a case to trial....

Read More

What is Restitution?

If you are convicted by a crime either by trial or guilty plea, you will likely have to pay a restitution fine and/or restitution to the victim(s). The goal of restitution is to make a victim whole again after a crime has been committed. “To the...

Read More