Information on New Criminal Defense Laws in California
Blog - Page 10 of 16
What is an Accessory After the Fact in California?
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It is illegal under California law to help a principal offender escape or avoid a conviction, trial, arrest, or punishment after committing an offense. The law refers to this illegal act as an accessory after the fact, and it is prohibited under CA penal code 32. Although this may not sound as serious as committing the crime itself, accessory after the fact is a crime that can cost you several years behind bars. This blog will give you an in-depth look into what an accessory after the fact in California entails. The Legal Definition of Accessory After the Fact Accessory after the fact occurs when a person aids, conceals, or harbors a principal offender after they have committed a felony offense with the intent to help them avoid punishment, conviction, trial, or arrest, knowing that they have been charged with or have committed a felony. This crime is punished under... Read More
Understanding California's Misdemeanor Diversion Programs
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Thanks to Assembly Bill 3234, enacted on January 1, 2021, California now offers more expansive misdemeanor diversion opportunities. The new law extends diversion eligibility to offenders charged with misdemeanor assault, criminal threats, elder abuse, DUI, and carrying a concealed firearm, among other crimes. Even though some defendants remain ineligible for the alternative sentencing, California's misdemeanor diversion statutes allow more people to avoid serving time and maintain clean criminal records. Some of the offenses that can make you ineligible for alternative sentencing under AB 3234 include sex crimes, stalking, and domestic battery. On the other hand, qualifying for diversion offers numerous benefits, including that defendants do not need to plead guilty in advance. You can still defend yourself in the trial if you fail to complete the diversion program... Read More
What is Human Trafficking?
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The Term human trafficking describes the recruitment, transportation, harboring, transfer, and receipt of people through fraud, force, and coercion to exploit them for profit. Human traffickers often use violence and fraudulent employment schemes to lure their victims into their traps. Human trafficking can happen in any community, and victims could be from any age group, gender, religion, or race. In most cases, victims of human trafficking fail to seek help due to language barriers, fear of law enforcement, and the fear of their traffickers. Most traffickers will study the victims beforehand, and they mainly prey on individuals who are susceptible to economic hardships, emotional vulnerability, psychological distress, and social instability. In most cases, trafficking involves forced labor or commercial sexual exploitation. While there are obvious signs of... Read More
Concealing Drugs in a False Compartment Laws in California
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While it's normally allowed to set up and use hidden compartments to keep valuables and other goods, it is unlawful to use hidden compartments to hide drugs. Concealing any drug in the false compartments of your car is a serious crime under California laws, and those convicted face severe consequences. In this blog, we delve deeper into what constitutes drug concealment in a false compartment. Understanding Drug Concealment in a False Compartment Under California Law The use of false compartments to conceal drugs is prohibited by California HSC 11366.8. This section makes it illegal for people to do two things. To begin with, it is illegal under California HSC 11366.8 (a) to: Have, use, or operate a false compartment, and Have a goal of concealing, storing, transporting, or smuggling drugs inside the compartment Secondly, it is illegal under HSC 11366.8 (b) for... Read More
How is Child Endangerment Different from Child Abuse in California?
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The terms child endangerment and child abuse are oftentimes used interchangeably. They do, nonetheless, mean and depict different scenarios defined by California laws. California outlaws both forms of these acts under separate provisions, California PEN 273a and California PEN 273d PC. This blog takes a deeper look into how child endangerment differs from child abuse. California Child Endangerment VS. Child Abuse Charges The simplest way to understand the differences between child endangerment and child abuse is by looking at the terminology of the laws themselves. In California, child abuse law explicitly forbids any physical abuse of a child. The law gives parents a lot of freedom when it comes to disciplining children. However, no parent, family member, stepparent, or caretaker should injure the minor. Any form of injury can be used as evidence in a child abuse... Read More
What is Assault by Means Likely to Produce Great Bodily Injury in California?
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California PC 245(a) (4) criminalizes the act of assault and assault that is carried out in a manner likely to produce great bodily injury. Assault is an unlawful attempt to inflict violence or injury on another person. It is important to understand that you can be arrested for this crime even when the alleged victim did not suffer injury from your actions. Violation of PC 245(a) (4) is a serious offense resulting in lengthy jail or prison time after a conviction. Additionally, a conviction for this offense as a felony will leave behind a criminal record that could affect your life long after you have served your prison sentence. Understanding the nature of the crime and potential penalties will help you build a strong defense to fight the charges. The circumstances surrounding the crime of assault by means likely to produce great bodily injury are complicated.... Read More
