Penal Code

According to California Penal Code Section 466, it is prohibited to possess certain tools that experience by law enforcement has shown to be instruments frequently used by thieves for breaking into a home, car, or another structure. It is not unlawful to possess these tools as long as there is no evidence to show criminal intent. California Penal Code Section…

What is a Mental Health Diversion? Mental health diversion is explained under Penal Code 1001.36. In California, a defendant is able to receive treatment if they suffer from a mental disorder. Thus, this is referred to as a “pretrial diversion.” What is a Pretrial Diversion? A pretrial diversion postpones a defendant from taking further action on their case so that…

California Penal Code section 647(e) criminalizes anyone, “Who lodges in any building, structure, vehicle, or place, whether public or private, without the permission of the owner or person entitled to the possession or in control of it.” What Is “Squatting” and What Makes It a Criminal Offense in California? “Squatting” refers to the act of illegally taking shelter on private…

California Penal Code section 1320 states, “Every person who is charged with or convicted of the commission of a misdemeanor who is released from custody on his or her own recognizance and who in order to evade the process of the court willfully fails to appear as required, is guilty of a misdemeanor…Every person who is charged with or convicted…

California PC 470 California Penal Code section 470(a) states, “Every person who, with the intent to defraud, knowing that he or she has no authority to do so, signs the name of another person or of a fictitious person to any of the items listed in subdivision (d) is guilty of forgery.” California Penal Code section 470(b) states, “Every person…

What Is PC 171.5 and What Constitutes a Violation of It? California Penal Code section 171.5 is a California statute that makes it illegal to possess a firearm or several other kinds of weapons in an airport under certain circumstances. To be charged with a violation of this law, it is required that you: Willfully possessed a prohibited weapon specified…

California Penal Code Section 303 (PC 303) California Penal Code section 303 states the following: “It shall be unlawful, in any place of business where alcoholic beverages are sold to be consumed upon the premises, for any person to loiter in or about said premises for the purpose of begging or soliciting any patron or customer of, or visitor in,…

According to California Penal Code 245.6 (PC-245.6) it is illegal to participate in initiation activities that are likely to cause serious bodily injury to a current, former or prospective student. The law applies to any student body or student organization regardless of whether it is officially recognized by an educational institution or not. To be Found Guilty of Penal Code…

Under California Penal Code 417, it is illegal to draw or exhibiting a deadly weapon in a threatening or rude manner in the presence of another person. To Be Found Guilty of Penal Code Section 417 Brandishing a Weapon Prosecutor must establish the following elements of the crime are proved for convicting defendant under Penal Code Section 417 Defendant took out,…

Under California Penal Code Section 182 conspiracy is an agreement between two or more people to commit a crime and an action taken by one or more parties of a conspiracy in furtherance of the criminal objectives of the conspiracy. Prosecutor must prove the following elements for convicting defendant in conspiracy: Defendant deliberately entered into an agreement with another person…