“Burglary” Defenses & Punishment | California Penal Code 459 PC
California burglary involves the entry into an inhabited dwelling, commercial establishment, or vehicle with the intent to commit either a theft crime or felony or both. Burglary is governed under PC 459 and depending on the case, it may be alleged as a strike offense applied to California’s Three Strike Laws. Moreover, Residential burglary is […]
“Aggravated Battery” Defenses & Punishment – California Penal Code 243(d) PC
The difference between simple battery and battery causing serious bodily injury is the level of harm the alleged victim received. Battery causing serious bodily injury, also known as “Aggravated Battery” is charged under California Penal Code 243(d). Because the level of injury, the prosecutor may allege this offense as a strike applied to California’s Three […]
Assault with a Deadly Weapon Defenses & Punishment – California PC 245(a)(1)
In California, assault with a deadly weapon (“ADW”) is defined under Penal Code 245(a)(1). Note that this charge requires the use of a deadly weapon other than a firearm. Contrary to popular belief, this crime does not require any physical contact with another. Instead, you harbored then intent to commit a harmful or offensive touch […]
“Assault & Battery” Defenses & Punishment – California Penal Code 240 & 242 PC
Although assault and battery charges are distinct criminal offenses, they may however be carried out together by the same act. To be clear, battery requires the physical harmful or offensive contact to another whereas assault does not require any physical contact. Moreover, assault can be an unsuccessful attempt to commit a battery. Both crimes of […]
California “Arson” Laws │ California Penal Code 451 & 452 PC
In California, arson is charged under penal code 451 pc[1] making it unlawful to maliciously burn a structure, respectively, of another. The statute also imposes liability for someone who did not actually commit the offense, but rather aided, counseled, or helped procure the burning. Structures can be homes, commercial buildings, vehicles, and even people. It […]
Drug Paraphernalia – California HS 11364
In California, the crime of possession of drug paraphernalia is charged under Health & Safety Code 11364(a) hs making it unlawful to possess an opium pipe or any device, contrivance, instrument, or paraphernalia used for unlawfully injecting or smoking a controlled substance. Devices or instrument may include, but are not limited to, crack-cocaine, methamphetamine, or […]
California “Under the Influence” Laws – Health & Safety Code 11550(a) HS
In California, “Under the Influence of a Controlled Substance” is charged under Health and Safety Code 11550(a) hs. It is a misdemeanor offense but can carry severe consequences, including potential jail time. However, this offense can a number of defenses and in most instances, the police officers tend to substantially exaggerate your behavior to justify […]
California “Possession for Sale” Laws – Health & Safety Code 11351 HS
In California, possession of a controlled substance for the purpose of sale is charged under health & safety code 11351 hs[1]. It is a straight felony that cannot be reduced to a misdemeanor. It covers a variety of substances including: Cocaine Heroin Ecstasy Prescription Drugs Contrary to popular belief, the prosecution does not need to […]
