California Penal Code § 12022.5: Using a Firearm During the Commission of a Felony
When someone uses a firearm during the commission of a felony offense, they may face additional consequences if the prosecutor alleges an “enhancement” pursuant to California Penal Code § 12022.5, unless the use of a firearm is an element towards the underlying offense charged. If the enhancement is found to be true, then punishment ranges […]
CA “Continuous Sexual Abuse” Laws – Penal Code 288.5 PC
In California, continuous sexual abuse on a child is charged under penal code 288.5 pc making it a crime to commit three substantial sexual acts on a child under 14 for a period of time not less than three months.[1] Some examples of substantial sexual contact include: Oral Copulation – Penal Code 287 PC Lewd […]
California Penal Code § 69: Resisting an Executive Officer
In California, resisting an executive officer is a wobbler offense which means the prosecutor holds discretion to charge you with a violation of this offense as a felony or a misdemeanor. Factors the prosecutor will consider are: 1) your prior criminal history; 2) severity of the circumstances; 3) whether the police officer was injured and […]
California Penal Code 290 PC – Failure to Register as a Sex Offender
If you have previously been convicted of a sex offense which requires you to register as a sex offender and you fail to do so, or fail to annually update your registration, then you may be charged under California’s “Failure to Register as a Sex Offender” statute under Penal Code 290 pc. Consequently, the punishment […]
Public Urination In California
Public urination is defined under California Penal Code § 647. However, many municipalities, including Los Angeles, have their own statutes which police officers often arrest someone pursuant to. In fact, some cities and statutes label public urination as a public nuisance and/or disorderly conduct. Usually being cited or arrested for public urination occurs while or […]
California Penal Code 140 PC – Threatening Witness, Victim, or Informants
Threatening a witness, victim, or informant in a criminal case is a wobbler offense which means the prosecutor may elect to file charges as either a felony or misdemeanor. When making that determination, factors the prosecutor will consider are: the defendant’s prior criminal history, the severity of the circumstances of the case, and whether or […]
California Penal Code 17500 PC – Possession of a Deadly Weapon with Intent to Assault
What is Penal Code 17500? In California, possession of a deadly weapon with the intent to assault another is defined under Penal Code 17500 pc as, “Every person having upon the person any deadly weapon, with intent to assault another, is guilty of a misdemeanor.” Elements of the Charge In order to prove that someone […]
California “Armed Criminal Action” Law – Penal Code 25800 PC
Armed criminal action is a common crime charged because it’s filed against someone in conjunction with other charges. For instance, one usually faces, burglary, robbery, and possession of a firearm on top of armed criminal action. The most critical component for a prosecutor to prove is “intent to commit a felony,” to find someone guilty […]
