California PC 245(a)(2) | Assault with a Firearm
In California, assault with a firearm is defined under Penal Code 245(a)(2). The underlying crime is simple assault under PC 240 but carried out with the use of a firearm. This charge is a wobbler offense which means it can be charged as either a felony or misdemeanor. The prosecutor holds the discretion in determining […]
California “Indecent Exposure” Law – Penal Code 314 PC
In California, penal code 314 pc makes it a misdemeanor for any person to “willfully and lewdly” do either of the following: Expose his or her private parts in a public place or place where there are others to be offended or annoyed. Procure, counsel, or assist another to engage in this self-exposure, or take […]
California “Negligent Firearm Discharge” Laws – Penal Code 246.3 PC
In California, negligent discharge of a firearm is charged under penal code 246.3 pc making it unlawful to intentionally discharge a firearm with gross negligence which may result in injury or death.[1] It is a described as a “wobbler” – allowing the prosecutor to charge you with either a felony or misdemeanor. In order to […]
California PC § 417 │ Brandishing a Weapon or Firearm
In California, brandishing a weapon is codified under Penal Code 417 making it unlawful for someone to draw or exhibit a deadly weapon in a rude, angry, or threatening manner or unlawfully using a deadly weapon in a fight or quarrel. A deadly weapon can be a firearm or any object capable of inflicting great […]
Appellate Court Reverses Conviction for Prosecutor’s Misstatements to the Jury
Last week the California Court of Appeal for the Fourth District reversed and remanded a case for retrial after a prosecutor prejudicially misstated the evidentiary standard of “reasonable doubt” in a criminal trial. Christopher James Lloyd was found guilty by a jury for assault with a deadly weapon in violation of P.C. § 245(a)(1) and […]
What Happens at my Arraignment for Criminal Charges?
Your arraignment is the beginning of your criminal case. In essence, the court will call your case and ask you to plead “Not Guilty” or “Guilty” to the charge(s) alleged against you. The arraignment is not the time to present arguments on the merits of your case but merely inform the court you intend to […]
Have a Warrant for an Arrest Years Ago?
When someone is arrested, law enforcement compiles the evidence and drafts a police report of the incident – e.g., DUI arrest. The arrest report containing the opinion(s) of the officer is then forwarded to the prosecuting agency for review to determine whether formal charges should be filed. In particular, the case is sent to a […]
Felony Criminal Process
Arrest The process first begins with the arrest of the suspect, later to the “defendant.” The police officers draft a report of the incident, including witness statements, personal observations, and physical evidence. The report is then forwarded to the District Attorney’s Office for review in determining whether formal charges should be brought against the suspect. […]
