714-997-4400Is Perjury a Misdemeanor in California?
Many fans of dramas depicting courtroom proceedings are familiar with the question, “Do you swear to tell the truth, the whole truth and nothing but the truth?” If you have sworn any version of a legally binding oath, then intentionally lied, you could be found guilty of perjury. What Is Perjury? Perjury, or providing false […]
How to Beat Possession of Stolen Property Charges
While many laws make it illegal to take someone else’s possessions without their express permission, California Penal Code Section 496(a) also makes it a crime to buy, receive, sell, hide or withhold property that you know is stolen. Under California law, possession of stolen property is a “wobbler” offense, which means it can either be […]
Hate Crime Statistics in California
In a year characterized by social and political unrest and widespread public protests demanding racial justice, 2020 also saw a 31% surge in hate crimes in California, according to a report from the state attorney general’s office. California residents organized some of the country’s largest Black Lives Matter protests in the wake of the May […]
Probation vs. Parole
Probation and parole are two similar terms you might mistakenly use interchangeably, but they are not identical. The primary distinction is procedural. While probation allows someone to remain in their community after committing a crime, parole is a temporary or permanent release from jail after the inmate has already served part of their sentence. Probation […]
Joyriding in Southern California
Penal Code 487(d)(1) is the California statute defining vehicle theft, also known as grand theft auto. According to this section, it is a crime to take someone else’s vehicle, worth $950 or more, without the owner’s permission and with the intent to deprive them of their car. Prosecutors can charge this offense as a misdemeanor […]
Property Crimes in California
In California and many other places, a property crime relates to the destruction or theft of something belonging to someone else. This category of criminal activity includes non-theft-related crimes such as arson and vandalism, plus theft-related crimes like shoplifting, burglary or stealing a car. Many property crimes do not involve threats or physical harm to […]
Is Breaking and Entering a Felony?
You have probably heard the phrase “breaking and entering” used to describe forced entry in a TV police procedural drama. While media depictions have popularized the term, you might be surprised to learn there is no law in California specifically called “breaking and entering.” However, that doesn’t mean there are no penalties for theft or […]
Statute of Limitations: California Theft
Under California law, the statute of limitations is the maximum period in which a prosecutor can file criminal charges. If the prosecution tries to charge you after this applicable time has elapsed, you are within your legal rights to have the case dismissed. According to California law, theft is a “wobbler,” which means the judge […]
California SB 81 Seeks to Abolish Sentence Enhancements
California’s penal code allows judges to add sentence enhancements to a criminal charge. Sentence enhancements are not elements of the original crime; they are additional circumstances that increase the penalty. For example, using a firearm while committing a violent felony can add between 10 and 25 years. Meanwhile, a possible gang association could result in […]