Information on New Criminal Defense Laws in California

Blog

“Dirk or Dagger” – What is it and When is it Illegal?

Posted:

According to Penal Code 16470, a dirk or dagger is any knife or instrument capable of ready use as a stabbing weapon that can cause great bodily injury or death. This category is a general grouping of fixed-blade knives, stilettos, and even folding knives, provided the blade is locked in an open position. Although they are often used as a functional or historical tool, California's weapon laws are mainly concerned with the physical ability of an object to stab or puncture. Penal Code 21310 makes it illegal to carry a concealed dagger or dirk on your person. Open carry is generally lawful only when the knife is worn in a sheath suspended from the waist. Nonetheless, concealing the blade on your person (including in clothing or carried containers like bags) may constitute a wobbler offense. This means you might be charged with a misdemeanor or a felony, which may involve... Read More

The California Juvenile Court Process - How It Works

Posted:

The California juvenile court process is a legal structure specially designed and regulated by the Welfare and Institutions Code to prosecute and rehabilitate underage minors (below the age of eighteen) who are suspected of committing criminal or status offenses. This system is a civil proceeding rather than a criminal one and highlights the malleable nature of youth and how behavior can be corrected through personalized treatment and education. The terms, milestones, and goals of the judicial system are fundamentally different from those of the adult criminal justice system because it focuses on rehabilitation rather than retribution. In this article, the procedural timeline of juvenile delinquency cases is analyzed, starting with arrest up to the final disposition and record sealing in the California jurisdiction. It dwells on the rights of the minor, the functions of... Read More

California Drug Sentencing Guidelines

Posted:

The Health and Safety Code outlines the punishments for the possession, sale, transportation, or manufacture of illegal drugs in California. These laws define the scope of possible penalties, such as imprisonment, fines, and probation, which a court imposes upon a criminal conviction. This blog explains California's drug sentencing guidelines, focusing on the process of state-level criminal prosecutions. You learn the distinctions between misdemeanors and felonies, sentencing enhancements, and diversion programs. With such a clear insight into these particular legal frameworks, you can know the possible sentences and build a solid defense. The California Sentencing Framework The first thing you should know in a legal position is the categorization of your charges. California legislation does not consider all drug offenses equally serious. Rather, the system relies on... Read More

Possessing Drugs in Prison or Jail in California

Posted:

Penal Code 4573.6 outlines a highly specific and serious drug crime involving possession of controlled substances in prison or jail. Most drug charges in California are charged as misdemeanors or wobblers, depending on the circumstances, but Penal Code 4573.6 is treated differently. The legislature claims that drugs inside prisons or jails pose a significant threat to order and safety, which is why committing this offense attracts severe consequences.  This law applies widely and affects contractors, employees, visitors, inmates, and anyone who enters a prison or jail. Understanding Penal Code 4573.6 is important if you are accused because this crime is charged as a felony and cannot be reduced to a misdemeanor. Possessing Drugs In Prison or Jail It is an offense under Penal Code 4573.6 for you to knowingly possess a controlled substance or drug-related paraphernalia... Read More

What is the Legal Definition of “Harassment” in California?

Posted:

Harassment refers to unwanted conduct that is pervasive or severe. Usually, victims of the behavior are left devastated with emotions of fear or rage, disrupting many aspects of their lives. Fortunately, California has the most protective anti-harassment statutes nationwide.  However, the law lacks a single, definitive definition of harassment, with legal definitions varying depending on the context. If you are a survivor of harassment, understanding the legal definition of harassment is a critical step in the search for justice. The punishment or consequences the harasser faces depend on the type of harassment and may include court fines, incarceration, payment of damages, or issuance of protective orders.  Some behaviors fall under more than one category of harassment, with others even attracting criminal charges. Consult a seasoned criminal attorney to understand the... Read More

“Accidental Homicide” in California – What is it and is it a Crime?

Posted:

Accidental homicide happens when you cause the death of another person while engaging in a legal act, and with a reasonable belief that no harm will occur. Generally, this is not a crime in California. However, homicide is treated as a crime if it is believed that the action that caused the person’s death was unlawful, or if you were negligent in causing the person’s death. If your actions result in the death of a person, talk to a skilled criminal attorney who is qualified and experienced in homicide cases. They will review your case and advise you on your options and defense strategies. If you face voluntary or involuntary manslaughter, a competent attorney can fight your charges to convince the judge that you are only guilty of accidental homicide. Understanding Accidental Homicide When someone loses their life in an unnatural circumstance, the police must be... Read More

Learn More When You Call to Schedule
Your Free Initial Consultation to Discuss Your Case

Call Now

Testimonials