Criminal Defense

What Penal Code Governs Making a False Report of a Fire? Making a false report of fire is governed under Penal Code 148.4. Under this penal code, it is illegal to do any of the following willfully and maliciously: Tamper with or break a fire alarm or fire protection equipment; Trigger a false fire alarm; Make a false fire report;…

Is it Illegal to Carry a Loaded Firearm in California? Penal Code 25859 PC, makes it a crime to carry a loaded firearm in either a public place, on a public street, or in a vehicle in California. What is the Penalty for Carrying a Loaded Firearm? Penal Code section 25859 PC is considered a misdemeanor. Penalties for carrying a…

What are Miranda Rights? Miranda warnings are an individual’s constitutional right that protects them against being forced to incriminate themselves. This law is derived from Miranda v. Arizona. The court ruled that the 5th Amendment privilege against self-incrimination is intended to protect individuals from being forced to incriminate themselves. What is a Miranda Warning? Miranda warnings are the notification given…

What is a Harvey Waiver? Harvey waiver is a rule that came out of the court case People v. Harvey (1975) 25 Cal.3d 754. The court ruled that facts supporting charges which are dismissed may not be used to impose sentencing consequences unless the parties waive this right. In other words, a Harvey waiver is a stipulation or agreement, by a…

Penal Code 21810 PC is a California law that prohibits the possession of brass knuckles. Penal Code section 21810 PC and may result in jail time and/ or significant fines. What is a Brass Knuckle? A Brass knuckle is an instrument, made from metal with finger holes through which one’s fingers can be inserted. Such as rings with spikes on…

What is a Formal Diversion? In a criminal case, formal diversion occurs when the court provides the defendant the opportunity to complete terms of their probation. Should the defendant successfully complete the terms of the probation, the defendant’s charges are dismissed. However, the defendant may have to plead guilty to the crime they have been accused of. What is an…

What Is a Hate Crime? Penal Code 422.55 PC defines hate crime as a criminal act committed due to the victim’s disability, gender, nationality, race or ethnicity, religion, sexual orientation, or association with a person or group with one or more of these actual or perceived characteristics. What is an Actual Characteristic for Hate Crime Pruposes? An actual characteristic for hate crime…

What Actions are Criminalized under Penal Code 20410 PC? Pursuant to Penal Code 20410 PC it is unlawful to: manufacture any belt buckle knives; causes to be manufactured; import any belt buckle knife; sell belt buckle knives; give or lend any belt buckle knife; or posses any bely buckle knife Examples of Violating Penal Code 20410 Let’s examine the following…

Protection of minor’s rights has always been one of the most important goals in any democratic society. Besides insurance of minor’s rights, it has also been essential to criminalize and punish perpetrators of sexual abuse. Penal Code defines various types of sexual abuse of minors and one of them is aggravated sexual assault of a child under Penal Code section…

What is an Imitation Firearm? In order to understand the limitations of the law, it is essential to first understand what is an imitation or fake firearm. The imitation firearm is described to be a device, a toy gun, a replica of a firearm that is substantially similar to a real firearm; the similarity is revealed usually on the basis of…