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Criminal Law 101: What is “Contributing to The Delinquency of a Minor”?

Criminal Law 101: What is “Contributing to The Delinquency of a Minor”?

Penal codes and their complexities in criminal law may be complex to understand, particularly if the focus is on certain crimes such as “contributing to the delinquency of a minor.” This term can be regarded as legal and bears an important legal meaning, especially for adults dealing with children. This blog seeks to explain what this offense entails, the legal aspects of this offense, the possible consequences, and the possible defense that any accused person could put forward.

What is Contributing to the Delinquency of a Minor?

Contributing to the delinquency of a minor involves actions[1] by an adult that cause or encourage a minor—anyone under the age of eighteen—to engage in unlawful behavior. This may include providing alcohol or drugs to minors, encouraging truancy, or promoting other illegal activities. In California, this offense is primarily addressed under Penal Code Section 272[2], although other legal codes may also apply.

This law is designed to protect minors from harmful influences and negative behaviors by holding adults accountable for their actions. For example, if an adult buys an item and urges a minor to steal it or provides substances prohibited for minors, they may be charged with contributing to the delinquency of a minor. Importantly, an adult doesn’t need to directly cause a minor to commit a crime; even encouraging situations that lead a minor to unlawful behavior can result in charges.

Key Legal Elements for a Contributing to Delinquency Charge

To successfully prosecute someone for contributing to the delinquency of a minor, certain key legal elements must be established:

  • Act or Omission: The defendant must have done an act or omitted to do something he was required by law to do.
  • Causation: The act or omission must have led to, or contributed to, the continuance of the child as an object of severance of their legal right to live with and be supported by their parents, or encouraged the becoming of a delinquent child.
  • Intent: The prosecution should prove beyond any reasonable doubt that the defendant did the act cited with general criminal intent or criminal negligence.

These elements highlight that even unintentional actions can lead to serious consequences if they encourage a minor to engage in delinquent behavior.

Is Contributing to the Delinquency of a Minor a Felony?

In most jurisdictions, contributing to the delinquency of a minor is classified as a misdemeanor. However, certain aggravating circumstances can elevate the charge to a felony. For example, if the adult’s actions cause physical harm to the minor, the charge may be increased and lead to more serious penalties.

In California, Penal Code Section 272 typically classifies this offense as a misdemeanor, carrying a potential penalty for contributing to the delinquency of a minor of up to one year in jail and/or fines up to $2,500.

How Cases of Contributing to a Minor’s Delinquency are Prosecuted?

Cases of contributing to a minor’s delinquency are typically prosecuted by local district attorneys, who evaluate the facts to determine if there is sufficient basis for filing charges. To secure a conviction, the prosecution must prove beyond a reasonable doubt that:

  • Earlier, the defendant omitted or neglected to perform some duties.
  • This omission or action contributed to or encouraged the minor’s delinquent behavior.

Moreover, the witnesses that the prosecutors usually rely on are competent eyewitnesses, police reports, and other available evidence[3]. It drastically shifts the balance of proof on them because their allegations can change the life of the accused as well as the minor.

contributing to the delinquency of a minor

Punishment for Contributing to the Delinquency of a Minor

Punishment for contributing to the delinquency of a minor differs depending on the jurisdiction and actual circumstances of a case. Generally speaking:

  • Misdemeanor Charges: These may attract a prison term of up to one year in county jail and/or fines of up to $2,500.
  • Felony Charges: These can be raised due to aggravating circumstances (as in if it results in harm), and can include increased imprisonment periods and stiffer penalties.

Besides imprisonment and monetary penalties, individuals convicted may also be ordered to serve probation [4], perform community service, and, if necessary, attend counseling sessions.

Defenses to Contributing to the Delinquency of a Minor

Individuals charged with contributing to the delinquency of a minor have several potential defenses available:

  • Mistake of Age: If an adult genuinely believed the minor was over the legal age (e.g., eighteen), this would provide a defense.
  • Lack of Intent: Proving there were no intentions or knowledge about encouraging delinquent behavior may decrease charges.
  • False Accusations: Situations where the child makes up stories can also be valid if supported by evidence.
  • Insufficient Evidence: Charges may be dismissed if the prosecutor cannot prove all necessary elements beyond a reasonable doubt.

These legal issues require the hiring of an experienced criminal defense lawyer to handle them.

Criminal Defense for Contributing to the Delinquency of a Minor Cases

Such charges involve prosecution for allegedly encouraging juveniles to commit crimes [5], and anyone charged with this should hire a lawyer immediately. A qualified attorney can provide valuable insights into:

  • The gray areas of the local laws about juvenile offenses.
  • Possible bargains that could reduce the repercussions of such pleas.
  • Tactics in the creation of an effective defense based on the facts of the case.

A professional attorney will review every detail of the case, including the evidence that may be produced by the prosecution, and defend the rights of the accused in a trial. 

Knowledge of contributing to the delinquency of a minor is crucial for any person having contact with children – as parents, tutors, neighbors, etc. This offense operates as both a preventive measure and a punitive one, aiming to prevent minors from participating in unlawful acts while restricting adults’ authority over them.

The consequences of being charged with this crime can be harsh and lifelong, hence the need to prevent and be informed. If you hear that you or someone you know may be charged with such an offense, consulting an experienced lawyer is key to successfully coping with such cases.

Juvenile delinquency laws, while primarily focusing on the legal protection of minors from abuse, also emphasize the adult’s role in ensuring youths do the right thing rather than making wrong choices easy to achieve. These laws encourage the growth of healthy childhood and youth environments, shaping responsible citizens for the future.

References

  1. Parents’ criminal liability for acts of minor children: Current status of California Penal Code Section 272 | Office of Justice Programs. (n.d.). https://www.ojp.gov/ncjrs/virtual-library/abstracts/parents-criminal-liability-acts-minor-children-current-status

  2. Manshoory, S. (2023, May 2). What is forensic evidence and its use in criminal trials? Manshoory Law Group, APC. https://manshoorylaw.com/blog/challenging-forensic-evidence-in-criminal-trials/

  3. Parker, D. (2024, February 9). What is the difference between parole and probation? Manshoory Law Group, APC. https://manshoorylaw.com/blog/difference-between-parole-and-probation/

  4. Manshoory, S. (2023, December 7). When can juveniles be tried as adults in California? Manshoory Law Group, APC. https://manshoorylaw.com/blog/when-can-juveniles-be-tried-as-adults/

Understanding the Legal Boundaries: Is Brandishing a Weapon Illegal?

Understanding the Legal Boundaries: Is Brandishing a Weapon Illegal?

Brandishing a weapon is a significant legal issue for attorneys representing clients in various jurisdictions, including California. Penal Code Section 417 (PC 417) outlines the parameters and consequences associated with this offense. This overview aims to provide a comprehensive understanding of the legal implications surrounding brandishing a weapon, enhancing the knowledge of practicing attorneys in this area of law.

What Does “Brandishing a Weapon” Mean?

As an example of a legal definition of the term brandish, it should be noted that brandishing is the exhibition or display of a weapon, such as a handgun or another form of deadly weapon, in a way that threatens or intimidates someone. This is the definition of brandish as it should exist under PC 417 [1], and it therefore occurs in a “rude, angry or threatening manner” and is observable to another person.

A distinction must be drawn between carrying or displaying a weapon and its brandishing, which would be beyond the pale for lawyers. Carrying the weapon may, in appropriate circumstances, be lawful especially where carried with the permit to carry it as a concealed weapon, but brandishing a weapon involves an intent to frighten or intimidate others. This can be useful to separate the ability to determine whether an individual’s conduct is within the meaning of the crime of brandishing.

Brandishing a Weapon

Legal Consequences and Penalties of PC 417 Brandishing a Weapon in California

Violations of PC 417 carry severe legal consequences. Penalties for brandishing a weapon vary depending on the weapon brandished, as well as the circumstances under which the act takes place.

Misdemeanor vs. Felony Offenses

  • Misdemeanor Penalties: Typically, illegal possession of a weapon [2] is a misdemeanor. Some possible penalties include up to six months in county jail, in addition to fines up to $1,000. Of course, the weapon being a firearm may make the penalties more severe.
  • Felony Charges: If the individual brandishes a firearm in the presence of an officer or near a school, for example, the charges would become felonies. For PC 417, a felony conviction [3] will mean serving lengthy periods in state prison, one to three years. The existing sentences are enhanced with more prior convictions [4] or when the action inflicted great bodily injury.

Determinants in Plea and Charge Penalties

The context surrounding brandishing a weapon will determine the severity of the penalty. For instance, people committing crimes in public, or where the victims just so happen to be children, can get more severe sentences. The criminal defense lawyer must consider all these contextual factors when they advise the client on the charge related to brandishing.

Difference Between a Deadly Weapon and a Firearm

The definition of deadly weapons[5] as against firearms must form a legal analysis.

  • Deadly Weapons: Any object is a deadly weapon if it could when used with an intent to cause injury or death, result in the latter. Such weapons include knives, bats, and even household implements when used aggressively.
  • Firearms: A firearm is a weapon that expels projectiles by explosive force. Firearms are held up to higher standards in California law because they are dangerous weapons capable of inflicting grievous injury or death.

Legal practitioners have to tread very carefully in these definitions when handling cases involving allegations of brandishing a weapon as it has affected the nature of charges filed as well as the potential defenses available.

Assault with a Deadly Weapon vs. Brandishing

The difference between assault with a deadly weapon and brandishing is some grounds for criminal defense:

  • Assault with a Deadly Weapon: This crime entails proof that a person had an intention to cause or inflict a threat of causing harm with a deadly weapon. Also, it entails making an actual threat, which is an attempt or actual infliction of injury on another person.
  • Brandishing: In this case, brandishing does not require a criminal intent to inflict harm but is instead addressed towards an exhibition or demonstration of displaying the weapon menacingly. A defendant may be convicted of brandishing a weapon regardless of their criminal intent to utilize the weapon against another person.

This is an important difference in the eyes of defense attorneys when attempting to represent their clients accused of either of the crimes.

Crimes Related to the Brandishing of a Weapon

Certain offenses are closely related to brandishing a weapon, and legal professionals should be aware of these for comprehensive case preparation:

  • Criminal Threats: If explicit threats accompany the act of brandishing, additional charges with severe sentencing may apply.
  • Unlawful Use of a Deadly Weapon: This charge arises when a weapon is displayed or used without legal justification.
  • Assault Charges: If brandishing a weapon occurs during an altercation with intent to threaten or harm, assault charges [6] may also be filed.

Understanding these related offenses enhances an attorney’s ability to develop well-rounded defense strategies for clients facing multiple charges linked to brandishing.

Legal Defenses to Brandishing a Firearm

The following are some of the available defenses for the person charged under PC 417 for brandishing a weapon:

Self-Defense or Defense of Another Person: If he fairly believed that he was likely to suffer imminent serious bodily harm or imminent death, the person will be able to argue that their actions were justified under the precept of self-defense or defense of another. This defense must be proven as establishing the reality and imminence of the threat involved.

Lack of Intent: Evidence that it was not in fact an act meant to terrorize can sometimes be crucial. Thus, for example, a person who threatened or waved a weapon during an argument might assert this as a reasonable defense for the crime of waving a weapon.

Mistaken Belief: When the accused acted within his perception of what he thought was sanctioned under the law but was mistaken as to the facts surrounding the incident—this may significantly lower liability.

A professional criminal defense lawyer has a great role to play in the argumentation of such defenses, critically analyzing evidence and establishing reasonable doubt about the claims of the prosecution. Their technical expertise is critical in navigating very intricate legal settings that accompany accusations of brandishing.

Since complexity is thus mandated among lawyers on account of the critical aspects of the brandishing of a weapon provision under California law, the case can range from a misdemeanor with a minor jail term to a serious felony, in light of other important considerations such as circumstances and previous convictions. Notions of understanding the involved codes and how defenses might be applied amid all this enable attorneys to better represent their clients in more complex brandishing allegations cases.

For those seeking professional guidance on brandishing or related legal matters under California law, it is essential to consult a highly qualified attorney. Our lawyers at Manshoory Law are eager to help with your difficult situation. Get more information or seek professional advice about charges for brandishing as well as other related cases by contacting our office for professional guidance specific to your case.

References

  1. Manshoory, S. (2016, August 29). California concealed carry laws and regulations. Manshoory Law Group, APC. https://manshoorylaw.com/blog/concealed-weapons-and-californias-complex-set-of-regulations/

  2. Manshoory, S. (2016, December 19). Misdemeanor, felony and “Wobbler” offenses in California. Manshoory Law Group, APC. https://manshoorylaw.com/blog/misdemeanor-felony-and-wobbler-offenses-in-california/

  3. Manshoory, S. (2017, February 13). How do my prior convictions affect my current case? | Manshoory Law. Manshoory Law Group, APC. https://manshoorylaw.com/blog/the-impact-of-past-convictions-on-current-prosecutions/

  4. Manshoory, S. (2020, December 28). What is the Difference Between a Simple Assault and an Aggravated Assault in California? Manshoory Law Group, APC. https://manshoorylaw.com/blog/what-is-the-difference-between-a-simple-assault-and-an-aggravated-assault-in-california/

What is Employee Theft and What to Do if Accused of Stealing at Work

What is Employee Theft and What to Do if Accused of Stealing at Work

Employee theft is when a member of staff steals, uses, or misuses company property without the express permission of their employer. Besides cash, employee theft can cover the stealing or misusing of supplies, products, personal data, or time. Employee theft applies to misuse of time if you are accused of altering timekeeping records to receive pay for hours you did not work.

What Is Employee Theft? Is Employee Theft a Fraud?

Employee theft is a crime where the employee commits an offense by stealing property, money, or resources from their employer. This can involve stealing cash, inventory, supplies, or even time by falsifying work hours or productivity. Misappropriation may include breaches of confidential information or any form of intellectual property. Employee theft is viewed as a serious offense and hence grounds for job termination, criminal charges, and financial losses to the business.

Some forms of employee theft are considered fraud. These include embezzlement, billing payroll and expense schemes, time theft, and supplying proprietary information to competitors.

accused of theft by employer

What is the Punishment for Employee Theft?

If you are convicted of employee theft charges, at a minimum you will be expected to pay back the value of what you were accused of stealing at work. There will also be further penalties depending on the value of the stolen assets.

If the theft is valued at $1000 or less then the crime will usually be classed as petty theft. This is a misdemeanor crime punished with a small fine and jail time of up to a year. Larger sums are classed as grand theft, which is a felony that comes with more prison time and a larger fine. Serious grand theft felonies can result in a sentence of 20 years or more, but this would be very unusual for an employee theft case.

What Does Accused of Stealing Time at Work Mean?

Being accused of stealing time at work means an employer believes you have been paid for hours you didn’t actually work. This could involve clocking in early, leaving late, taking extended breaks, or falsifying work hours. Time theft is considered a serious offense, as it impacts company productivity and finances. If accused of stealing time at work, it’s important to review your time records and understand the company’s policies. In some cases, it may lead to disciplinary action, termination, or legal consequences.

In California, stealing time at work—often referred to as “time theft” [1]—can lead to various consequences depending on the severity of the offense and the employer’s policies. Some common punishments include:

  • Disciplinary Actions: Verbal or written warnings are common initial steps.
  • Termination: Employers may fire the employee for violating company policies.
  • Wage Deductions: Employers might adjust or withhold pay for unworked hours.
  • Legal Consequences: In severe cases involving fraud, employees could face civil lawsuits or even criminal charges for theft or fraud.

Employees accused of time theft should review their rights under California’s labor laws[2], as wage deductions and penalties must comply with state regulations.

Consulting with a skilled attorney can help you understand your rights and how to handle the accusation properly.

The Impact of False Accusations in the Workplace

Being falsely accused of stealing at work can create a lot of tension in your workplace. You can face a lot of stress[3]from the threat of losing your job or your reputation, as well as the possibility of police involvement. Furthermore, your every move will be scrutinized, which is why it is vital to get expert advice from a criminal defense lawyer as soon as you are accused.

How to Respond to False Accusations at Work?

  • Firstly, stay calm. Being falsely accused of stealing at work can be very stressful, but any angry or erratic behavior is not going to help your case. Everything you do at work could be brought up later, so try to carry on as normal.
  • Secondly, cooperate with the investigation. The investigation will continue whether you are present or not, so it is better to have the chance to give your side of the story.
  • At the same time, you should also seek legal advice. This will help you understand your rights during the investigation, what to expect from the process, and how best to defend yourself in your particular situation. Defending against false accusations at work can be a complex process.

A theft crime attorney can help guide you through what to do if accused of stealing at work.

accused of theft at work

Can I Sue My Employer for False Accusations?

If an employer makes a false accusation of theft, this could damage your reputation, and you can sue them for defamation of character. There are a few basic requirements for defamation of character suit[4].

  • Your employer must have made a false statement about you, and they must have published that statement. In other words, a third party who was not you or your employer must have seen or heard the false statement.
  • You must be able to prove your employer made an untrue statement of fact, rather than expressing an opinion, and that they did so knowing their statement was untrue. For example, if an employer said they don’t think you care about your job, they could defend this as a statement of opinion. If they said you are incapable of performing your job, they would need to be able to prove that you are truly unable to do your job, or they have knowingly made a false accusation at work.
  • The false accusation of theft your employer made must have caused injury to you, for example, the damage to your reputation made it difficult to get a new job.
  • Finally, the statement your employer made must not be privileged. Privileged statements such as trial and deposition testimony are protected from defamation of character suits. In some states, statements made in references between employers are considered protected statements as long as it was not made with malice.

Should You Sue A Company For Defamation of Employment Law?

If the requirements for a defamation suit are all true, you should consider suing for defamation. Doing so will not only help you recover from the financial impact of the accusation but also clear your name of wrongdoing and enable you to move on.

How to Handle False Accusations At Work

If you have been falsely accused of employee theft, stay calm, cooperate, and get expert legal advice to help you defend against false accusations[5]. False accusations can impact your career for years and clearing your name is important when you have a case for defamation of character.

References

  1. Wong, B., JD. (2024, June 15). What is time theft & how can you prevent it? Forbes Advisor. https://www.forbes.com/advisor/business/time-theft/

  2. Dir, & California, S. O. (n.d.). New labor laws in California. https://www.dir.ca.gov/dlse/Garment/New-Labor-Laws-in-California.html

  3. Goguen, D. (2023, August 7). Starting a defamation of character lawsuit. www.alllaw.com. https://www.alllaw.com/articles/nolo/civil-litigation/starting-defamation-character-lawsuit.html

  4. Manshoory, S. (2024, September 21). How to defend yourself against false accusations | Manshoory Law. Manshoory Law Group, APC. https://manshoorylaw.com/blog/defending-against-false-accusations/

What Is a Civil Harassment Restraining Order in California?

What Is a Civil Harassment Restraining Order in California?

In California, a Civil Harassment Restraining Order (CHRO) is an order[1] meant to prevent an individual from harassment, stalking, or threats where the offending person is only an acquaintance. One of the most noticeable advantages of this kind of restraining order is the fact that it targets all those who consider themselves unsafe and hence have to take the legal route seeking protection against the threats. Specialization towards the comprehensiveness of civil harassment restraining orders brings forth the relevance of retraining orders.

What Is a Civil Harassment Restraining Order in California?

The Code and Annotated Laws of California through its section (CCP) 527.6(B)(2) states[2] the contents of a civil harassment restraining order example as ‘no threat in exchange for a civil harassment order.’ A CPO is extended to persons who are experiencing harassment and harassment is as defined taking someone’s fear away even through conduct that reaches out to that person.

Harassment as described in section 498 of the California Code of Civil Procedure (CCP)67(i) refers to [3]; engaging in some type of unlawful violence as well as credible threats of violence, or any course of conduct by any person performed willfully which annoys or harasses another person without any lawful justification.

Eligibility for a Civil Harassment Restraining Order

A civil harassment restraining order can be sought when a petitioner can demonstrate that he or she is subjected to harassment by someone with whom the petitioner does not have a close relationship, such as neighbors, acquaintances, or even a stranger. If, however, the person seeking the protection is someone with close personal ties to the alleged harasser-be it a husband or wife, brother or sister, etc.-then that person would have to prepare a domestic violence restraining order with the help of a domestic violence attorney as soon as possible.

The types of relationships that qualify for a civil harassment restraining order include:

  • Neighbors
  • Co-workers
  • Friends
  • Acquaintances

On the other hand, the types of relationships that don’t qualify for civil harassment restraining orders are the following:

  • Spouses
  • Ex-spouses
  • Individuals with whom one has dated
  • Family members

Civil Harassment Restraining Order

What Behavior Can Lead to a Civil Harassment Restraining Order?

Several behaviors can warrant the filing of a civil harassment restraining order. Examples include:

  • Stalking: The act of following or monitoring someone frequently without their consent.
  • Threats: Any form of written or spoken words that instill fear in the victim.
  • Rape is the actual or attempted touching done with the intention of causing physical harm.
  • Unwanted Contact: Constant communication through calls, texts, and other social media messages.

These acts will lead to a situation in which the victim will not feel safe and become fearful of the defendant and hence demand legal action.

Types of Civil Harassment Orders

There are primarily two civil harassment orders in California:

  1. Temporary (Emergency) Restraining Orders: These orders protect you immediately. They are usually awarded ex parte [4], meaning you do not give your abuser notice of the proceedings, if you need immediate protection. The court may also grant the restraining order the same day that you make the request.
  2. Permanent Restraining Orders: If, after a court hearing, the judge feels that there is sufficient evidence of harassment, then an order of restraining can be issued that can last for up to five years. This type of order provides permanent protection and may include specific conditions such as no contact with and distance from the victim.

How to File Harassment Charges?

To apply for a civil harassment restraining order follow the following procedures:

  1. Gather Evidence: Try to gather all the relevant evidence you have regarding your case. This can include some form of text, emails, photos, or witnesses.
  2. Preparation and Paperwork Forms: You are going to need to fill out the different court forms detailing your situation and why you believe that you require a restraining order. The primary forms include:
  1. File Your Forms with the Court: The forms you fill must be filed with the right court in your location.
  2. Serve the Other Party: The other person is required to receive a copy of your application to be able to respond accordingly
  3. Attend the Court Hearing: You appear before a judge with all evidence and witnesses that would be on your side in court.

Evidence is the heart of such cases, as it makes it evident that harassment has indeed occurred and proves justification for the need to be protected.

What to Do if You Have Been Wrongfully Accused of Civil Harassment?

If you find yourself wrongfully accused of civil harassment, it is essential to take immediate action:

  1. Read Court Papers: Read any papers you receive due to this restraining order with care.
  2. Prepare Your Self to be Defended: Gather testaments and proofs against the false accusation[5].
  3. Attend Hearings: It is so crucial that you be present in all scheduled courts and present your case.
  4. Legal Protection: Seek a criminal defense attorney who has experience dealing with such cases of civil harassment. They may be able to assist you more effectively within the legal system and give you a better chance at fighting yourself with false accusations.

A civil harassment restraining order is one of the important protective orders used in California for preventing unwanted harmful behaviors by other persons outside of personal relationships.

Knowing how these orders work- from eligibility criteria to types of behaviors warranting a filing, and the process included- will empower the victim to obtain justice and safety through effective means. If you feel harassed or wrongfully accused, consult with lawyers who can protect your rights during this stressful process.

Resources:

  1. Civil Harassment Restraining Orders in California | California Courts | Self Help guide. (n.d.). https://selfhelp.courts.ca.gov/CH-restraining-order

  2. ex parte. (n.d.). LII / Legal Information Institute. https://www.law.cornell.edu/wex/ex_parte

  3. Manshoory, S. (2018, March 28). How to defend yourself against false accusations. Manshoory Law Group, APC. https://manshoorylaw.com/blog/defending-against-false-accusations/

What is an Assault Weapon and What is the California Assault Weapons Ban?

What is an Assault Weapon and What is the California Assault Weapons Ban?

The term assault weapon was coined to define a class of weapons designed for rapid-fire capabilities and with features enhancing their lethality. Examples are semiautomatic rifles and shotguns that can accept detachable magazines, pistol grips, folding stocks, and flash suppressors.

According to the U.S. Department of Justice[1], the classification of an assault weapon varies by jurisdiction, meaning that owning or using such weapons may have serious legal implications. The term “assault weapon” often carries emotional weight in discussions surrounding gun control, public safety, and mass shootings.

A Brief History of Assault Weapons Legislation

Legislation concerning assault weapons in the United States of America has dramatically changed over the past two decades. President Bill Clinton enacted the Federal Assault Weapons Ban in 1994 [2], outlawing the manufacture and sale of specific semiautomatic rifles and large-capacity ammunition magazines.

This ban was allowed to lapse in 2004, so the same arms began flourishing in the country again. California has been leading the charge in assault weapon regulation, as this state was the very first to enact an assault weapons law in 1989 straight in response to renewed concerns over gun violence and mass shootings.

Early legislation set the precedent for other states by establishing the California precedent of being committed to regulating gun violence through rules [3]. It could continue to evolve on assault weapon laws and become a pioneer in firearm regulations. The trend of more frequent mass casualty events has urged the rest of the nation to tighten control over guns, which is a very timely advance on California’s part.

california assault weapons ban

California Law on Assault Weapons

Under California law, an assault weapon is defined by certain models [4] as well as general characteristics that distinguish it from other firearms. The California Assault Weapons Control Act classifies firearms into three principal groups [5], namely:

  • Category One: Specific Models Listed by Name – For Instance, the Familiar-Looking Firearms Like AK-47 and Colt AR-15.
  • Category Two: Variants of banned models that have slight differences but still share similar features.
  • Category Three: Firearms with military-style features such as detachable magazines, pistol grips, and flash suppressors.

Another way is through California’s restriction on the sale of large-capacity magazines that hold more than ten rounds. This is to limit access to dangerous guns. This legislation is based on public safety because of possible use in a mass shooting or other violent act.

The California Assault Weapons Ban Explained

The California Assault Weapons Ban was enacted in 1989 [6]. However, it has been modified several times since its enactment and reduces gun violence by prohibiting access to firearms that are classified as assault weapons. The major provisions include:

  • Comprehensive list of prohibited firearm models.
  • Prohibition of features that characterize a firearm as an assault weapon.
  • Registration of existing assault weapons.

Recent updates have made laws relating to the modification that may make previously legal firearms become definition assault firearms tighter. Research works reveal that although the California law has not eradicated gun violence, it may have played a role in having fewer incidences of mass shootings than other states without similar laws. For example, research proves that states with stringent gun-control measures often have fewer cases of catastrophic events.

In addition to this, California’s system has been criticized through several judicial means, making it a topic of controversy regarding whether it is effective and constitutional. The policy still faces criticism through the crime rate analyses by various researchers and policymakers.

Assault Weapon Ban: Compliance and Legal Challenges

California Assault Weapons Ban mandates that the owners of rifles who possess California-assigned assault weapons register those weapons with the California Department of Justice during the prescribed times. Failure to comply with this procedure gives rise to punitive actions, which may extend to firearm confiscation.

Legal hurdles over the ban have been high and relentless. Through various court decisions, the constitutionality of California’s bans has been established, yet numerous federal judges, based on their reading of the Second Amendment, have arrived at a verdict that these bans are unconstitutional. A recent landmark ruling by the Ninth Circuit Court of Appeals [7] reinstated California’s assault weapons ban and underlined the importance of such a ban for ensuring public safety.

One of the basic tensions that appears in current court battles is between gun rights enthusiasts and stricter gun control advocates. While courts continue to appraise the constitutionality of such laws, future decisions would heavily weigh on the regulation of firearms by states in America. Most importantly, the assault weapons ban cases pending before the Supreme Court are especially significant because they may set precedents affecting not only California but the general policies regarding regulation by the rest of the country as well.

The California Assault Weapons Ban is, on its own, one of the most important pieces in the overall strategy of California dealing with gun violence and escalating public safety. Its existence is a testament to the decision to regulate firearms perceived as particularly dangerous, and hence, it continues to receive constant legal scrutiny. Those people in need of guidance on compliance with this legislation or, on the other hand, those who face legal challenges on assault weapons are advised to consult the services of competent defense attorneys practicing firearm law.

Individuals seeking legal advice or guidance regarding compliance with the California Assault Weapons Ban or other related matters may wish to consult experienced attorneys who are knowledgeable regarding the federal and state laws dealing with firearms in California. Our attorneys at Manshoory Law can shed light on this area of law and provide the defense you need for your case.

Resources:

    1. Koper, C. S., Woods, D. J., & Roth, J. A. (2004). An Updated Assessment of the Federal Assault Weapons Ban: Impacts on Gun Markets and Gun Violence, 1994-2003. Report for the National Institute of Justice, United States Department of Justice. NCJ 204431. https://www.ojp.gov/pdffiles1/nij/grants/204431.pdf.
    2. Keneally, M. (2019, September 13). Understanding the 1994 assault weapons ban and why it ended. ABC News. https://abcnews.go.com/US/understanding-1994-assault-weapons-ban-ended/story?id=65546858
    3. Manshoory, S. (2021, May 28). Why are California Gun Laws So Strict. Manshoory Law Group, APC. https://manshoorylaw.com/blog/how-strict-are-california-gun-laws-compared-to-the-rest-of-the-nation/
    4. Assault weapon characteristics. (2024, July 22). State of California – Department of Justice – Office of the Attorney General. https://oag.ca.gov/firearms/regs/genchar2
    5. Assault Weapons Laws (California and federal law). (2022, September 21). State of California – Department of Justice – Office of the Attorney General. https://oag.ca.gov/ogvp/fed-assault-weapons-ban
    6. California Department of Justice. (2001). Assault Weapons Identification Guide: As Listed or Described in Penal Code Sections 12276, 12276.1, and 12276.5 (3rd ed.). Office of the Attorney General. Retrieved from https://oag.ca.gov/sites/all/files/agweb/pdfs/firearms/forms/aws-guide.pdf.
    7. 9th Circuit reinstates California ban on guns in public places. (n.d.). California Courts Newsroom. https://newsroom.courts.ca.gov/news/9th-circuit-reinstates-california-ban-guns-public-places
What are False Accusations? Can You Go to Jail for False Accusations?

What are False Accusations? Can You Go to Jail for False Accusations?

False accusations can have devastating consequences, both for the accused and the accuser. Innocent people can find themselves facing criminal charges, a tarnished reputation, and even time behind bars, all based on a false claim. On the other hand, those who deliberately make false accusations may face severe penalties, including criminal charges and civil lawsuits.

But can you go to jail for false accusations? In this article, we’ll explore what constitutes a false accusation, why individuals are sometimes wrongfully accused, and the legal consequences of making false allegations.

What is a False Accusation and Why People Get Falsely Accused?

False allegations are claims of wrongdoing that are factually unsupported or untrue. These are also known as false reports or false claims.

Before we discuss the penalty for making false accusations, it is essential to look at why people are falsely accused, as only some of these come with a criminal charge. Below are a few reasons why people are sometimes wrongly accused:

  • Misrecollection – Where an accuser incorrectly recalls the details of a crime
  • Mistaken identity – Where an accuser mistakenly identifies the incorrect person as having committed a crime.
  • Misleading forensic evidence – Where experts exaggerate statistical claims, for instance, DNA or hair analysis or forensic evidence [1] is tampered with, compromised, or misread.
  • Malicious false accusations – Where an accuser intentionally provides police officers with an incorrect statement about an individual committing an offense
  • Official misconduct – When law enforcement officials or prosecutors commit an act of misconduct or abuse of power when charging an individual for a crime or by asking leading questions that coerce a detainee into having false recollections of an event.

can you go to jail for false accusations

Giving a False Report to a Police Officer

A person can be charged with a crime for intentionally giving the police false information [2] in connection with a traffic stop while the officer is performing his/her duties. Possible violations include any of the following:

  • providing a false answer
  • presenting false insurance documents
  • offering a false vehicle registration
  • or giving the officer a borrowed or fake driver’s license

A conviction for giving false information would be a misdemeanor with up to six months in jail, a $1,000 fine, or both. However, if the false information was offered in an effort to evade arrest, additional felony charges could be possible [3] .

What to Do If You Are Falsely Accused of a Crime?

If you are falsely accused of a crime, you will most likely have criminal charges brought against you. In this case, there are several things to do and ways to handle the situation:

  • Realize the severity of the situation – Gain an understanding of the severity of the allegations and take the charges seriously.
  • Hire an experienced criminal defense attorney – Do not attempt to remedy the situation alone. Instead, remain silent and hire the best criminal defense attorney [4] to guide you through the process, give you legal advice, and protect your rights.
  • Conduct a pre-file investigation – Before charges are filed, your attorney will gather evidence favorable to the accused and investigate the allegations further. Doing this is an effective strategy to convince the District Attorney (DA) to drop any charges should the investigation bring to light the charges brought are false.
  • Undermine the accuser’s credibility – By impeaching an accuser, your criminal defense attorney will ask the witness questions that undermine their reputation for truthfulness, casting doubt about whether what they claim they witnessed is, in fact, true.
  • File a civil suit or malicious prosecution claim – Here, the falsely accused brings a civil lawsuit against the individual who wrongfully accused them and seeks compensation for damages.
  • Private Polygraph – Taking a private polygraph to prove your innocence is another way to boost your defense and sway prosecutors into dropping the charges and prevent you from getting a criminal record.

can you get in trouble for false accusations

What Are the Penalties for Making False Accusations?

So, what is the punishment for a false accusation, and is making false accusations a crime? Yes. In California, making false accusations is a crime and can lead to serious legal consequences. Under Penal Code Section 148.5[5] , it is a misdemeanor to falsely report a crime to law enforcement.

And if you’re wondering whether you can go to jail for making false accusations, the answer is yes. If convicted, penalties for false accusations could result in fines of up to $1,000, up to six months in county jail, or both.

Additionally, individuals may face civil lawsuits for defamation or malicious prosecution if the false accusations harm another person’s reputation or lead to wrongful legal actions.

Can You Press Charges Against Someone for Making False Accusations?

Can false accusations get you arrested? Yes. Further, you can press charges against an individual who wrongfully accused you[6] by bringing a civil lawsuit against them. However, you must show that the defendant filed a frivolous claim against you, that they caused damages due to their false claim, and that they filed their lawsuit for another purpose, like harassment.

Hire a Criminal Defense Lawyer in California to Defend Yourself Against False Accusations

Because you can go to jail for false accusations and just as easily have false allegations filed against you, having a criminal defense attorney is one of the main defenses against false accusations[7] . Contact us at Manshoory Law if you have questions about false reports or find yourself being wrongfully accused – we are here to help.

References

  1. Manshoory, S. (2023, May 2). What is Forensic Evidence and How to Challenge It | Manshoory Law. Manshoory Law Group, APC. https://manshoorylaw.com/blog/challenging-forensic-evidence-in-criminal-trials/
  2. California Code, VEH 31. (n.d.). https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH§ionNum=31.
  3. Misdemeanor and felony possible consequences | Manshoory Law. (2022, January 17). Manshoory Law Group, APC. https://manshoorylaw.com/misdemeanor-and-felony-consequences/
  4. Parker, D. (2024, July 18). Your guide to the best criminal defense attorneys in California | Manshoory Law. Manshoory Law Group, APC. https://manshoorylaw.com/blog/best-criminal-defense-attorney-california/
  5. California Code, PEN 148.5. (n.d.). https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=148.5.
  6. Manshoory, S. (2021, September 20). What happens when someone presses charges against you? – blog. Manshoory Law Group, APC. https://manshoorylaw.com/blog/presses-charges-against-you/
  7. Manshoory, S. (2018, March 28). How to defend yourself against false accusations | Manshoory Law. Manshoory Law Group, APC. https://manshoorylaw.com/blog/defending-against-false-accusations/
What Is Corporal Injury? Everything You Need To Know

What Is Corporal Injury? Everything You Need To Know

Imagine you are at home enjoying a quiet evening with your partner. Suddenly, an argument erupts. You fall over in a fight, and in the course of the exchange, your partner deliberately shoves you. The shock of the impact leaves you with an ache of pain in your arm, a bruised hip, and a sense of being physically and emotionally violated.

This scenario, of a current or former intimate partner’s intentionally causing physical injury, whether temporary or lasting, falls under California Penal Code 273.5. This code recognizes the gravity of domestic violence and is designed to safeguard people from such destructive conduct. Beyond being a mere physical injury, it represents a violation that carries the possibility of legal ramifications.

Understanding the complex legal terminology concerning physical harm can be akin to maneuvering through an intricate maze of laws. This all-inclusive handbook strives to clarify the concept, examine the legal structure of California Penal Code Section 273.5, and provide vital insights, particularly in situations where one may be confronted with such allegations.

What is Corporal Injury? Legal Definition

It can be confusing to understand what is corporal injury. From a legal standpoint, however, it encompasses any physical damage caused to another individual through the application of force. Consider lacerations, broken bones, strained ligaments, and internal trauma – essentially, any bodily harm caused by illicit force.

Nonetheless, it is crucial to distinguish corporal injury from its adjacent legal concepts:

  • Assault refers[1] to the emphasis on the potential for causing harm, rather than solely on the actual act. For instance, if an individual raises a threatening fist, it is deemed assault, even if no physical contact is made, including assault with a deadly weapon.
  • Battery refers to the illicit physical contact with another individual, regardless of its minimal nature. This encompasses actions such as pushing, striking, or even disturbingly touching someone’s hair without their consent.

The main differentiation lies in the amalgamation of illegal force and subsequent physical damage. The act of forcefully pushing someone[2], causing them to fall and scrape their knee, would be classified as a corporal injury, whereas a push that merely disrupts their balance would not meet the criteria.

Legal Framework Surrounding Corporal Injury in California

In regards to corporal injury, California employs a well-balanced strategy, especially in cases involving domestic battery. PC 273.5[3] specifically targets this matter, introducing an additional dimension to the legal structure.

  • Categorization: In contrast to certain jurisdictions, California organizes corporal injury by considering the level of harm and the surrounding conditions. A minor bruise devoid of any long-term consequences could be classified as a misdemeanor, whereas a fractured bone or internal injury may elevate it to a felony.
  • Burden of Proof: The requirement for the prosecution to establish is not that the victim experienced apprehension of force, but rather to show that force was indeed employed and resulted in physical injury. Consequently, this transfers the responsibility of proving innocence, underscoring the importance of comprehending one’s legal entitlements and plausible defense tactics.

corporal injury

Consequences and Legal Penalties for Corporal Injury to Spouse

Corporal injury to a spouse, which means inflicting physical harm upon a spouse or intimate partner, results in substantial legal and personal repercussions.

  • Legal ramifications: The possible outcomes of corporal injury to a spouse have significant scope, especially if the physical injury resulted in a traumatic condition. Monetary fines can span from several hundred to several thousand dollars, accompanied by varying prison terms that range from months to years, contingent on the gravity of the situation. Additional legal consequences may include probation, a protective order for domestic violence offenses, and mandatory counseling, further compounding the repercussions.
  • Long-Term Consequences: The repercussions extend beyond just legal ramifications in a domestic violence case[4]. Having a criminal history or prior convictions can have enduring implications, impacting prospects for future employment[5], choices in housing, and even custody battles concerning children. The emotional distress and societal disapproval of such charges may persist long after the legal process ends.

Defending Against Corporal Injury Charges – PC 273.5

If you are confronted with allegations under PC 273.5, it is important to understand that there are various defense options available to you. Presented below are a few potential tactics that can be considered:

  • Self-defense: In matters of self-defense[6], employing force to protect oneself or others can potentially serve as a legitimate defense. Nevertheless, the responsibility rests upon you to substantiate that it was a justifiable reaction to the imminent danger.
  • Unintentional incident: Establishing the absence of intent through reliable evidence is essential in determining the integrity of the injury. It’s important to note that the lack of intention does not automatically absolve one from responsibility for causing harm.
  • Insufficient evidence: When the prosecution’s case lacks substantial proof, whether in the form of physical force evidence or witness statements, it can undermine their argument. Seeking guidance from legal counsel can assist in uncovering inconsistencies and constructing a robust defense grounded in factual substantiation.
  • Witness testimonies: Collecting witness testimonies can be of immense value, as they have the potential to validate your account of the events and provide insights into the context surrounding the incident.

Nevertheless, it is imperative to obtain legal advice from a reputable Los Angeles Criminal Defense Attorney. These professionals possess the necessary knowledge, tools, and practical understanding to maneuver the complexities of legal regulations, gather evidence, construct a robust defense plan, and advocate for your interests proficiently in the courtroom.

To Conclude: Seeking assistance and acquiring information

Having a grasp of what is corporal injury provides you with information, however, it is important to note that this manual cannot serve as a substitute for individualized legal counsel. Each case has its own distinct characteristics, and seeking guidance from a qualified lawyer is crucial in order to receive customized advice and ensure effective legal advocacy.

If you or an acquaintance are confronted with accusations, including false accusations pertaining to physical harm, feel free to contact us to promptly seek assistance from a legal professional.

References

  1. Manshoory, S. (2023, September 20). What is the difference between assault & aggravated assault | Manshoory Law. Manshoory Law Group, APC. https://manshoorylaw.com/blog/what-is-the-difference-between-a-simple-assault-and-an-aggravated-assault-in-california/
  2. 1610. Assault — 18 U.S.C. 351(e). (2020, January 17). https://www.justice.gov/archives/jm/criminal-resource-manual-1610-assault-18-usc-351e
  3. Law section. (n.d.). https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=273.5
  4. Manshoory, S. (2023, September 20). What are the Consequences of Domestic Violence? | Manshoory Law. Manshoory Law Group, APC. https://manshoorylaw.com/blog/the-unintended-consequences-of-domestic-violence-laws/
  5. Manshoory, S. (2023, September 20). Can you lose your job after domestic Violence charge | Manshoory Law. Manshoory Law Group, APC. https://manshoorylaw.com/blog/you-could-lose-your-job-after-a-california-domestic-violence-charge/
  6. Manshoory, S. (2023, September 20). CA Self-Defense Laws | Legal Definition of Self-Defense | Manshoory Law. Manshoory Law Group, APC. https://manshoorylaw.com/blog/california-self-defense-law-legal-definition/
Robbery Vs Theft: What is the Difference?

Robbery Vs Theft: What is the Difference?

Although the terms robbery and theft are interchangeable in common language, they are two different types of criminal activities in law. Both of these acts involve taking someone else’s property without their consent. The difference in this case is that one consists of using force or threat and having a victim present during the crime being committed.

These are important distinctions to make for professionals in the legal field and the public simply because these crimes will be handled differently when it comes time to report, prosecute, and punish them.

In this blog, we will explain the elements of robbery vs theft, explain their legal consequences, and define the difference between burglar and robber.

Theft Defined

Theft, in law, is a general term covering a variety of specific types of stealing including the crimes of larceny[1], robbery, and burglary.

In legal terms, theft is when someone takes something that doesn’t belong to them without the owner’s permission and with the intention of keeping it permanently. 

The thief doesn’t have to want to keep the stolen property for themselves; intending to sell, destroy, or abandon it where it won’t be found is enough.

For instance, when a car is stolen, it’s often sold or dismantled for parts. Sometimes, the intention to temporarily deprive the owner of the property is also enough, like when a car is stolen for a joyride and then abandoned where the owner can find it.

Key Elements of Theft:

As per Section 1 of the Theft Act 1968, the legal definition of theft is[2] – a person commits theft if he intentionally/ dishonestly appropriates property that belongs to another person. This definition can consist of the following types of theft:

  • Dishonesty: The essential requirement for theft is that the person must have acted dishonestly. This implies that they must have been aware that taking the property was wrong and that they did it to keep it for themselves. 

Additionally, the property must have been taken without the owner’s consent. In other words, if the owner gave permission for the property to be taken, it cannot be considered theft.

  • Taking: The next requirement is that the individual must have taken possession of the property. This contains physical taking as well as situations where the person has control over the property, such as in cases involving fraud or deception.
  • Property: The property that is taken must belong to another person. This can involve any type of property whether it is commercial or residential including money, goods, and even pets. 
  • Intent To Permanently Deprive The Owner Of It: The mental state of the person committing the theft is important. They must intend to keep the property for themselves or prevent the rightful owner from getting it back. This is what sets theft apart from borrowing or accidentally taking something.

Define Robbery

Robbery, a crime that has its roots in common law[3] , is the act of unlawfully taking someone else’s property through violent force or the threat of force, to permanently deprive them of it. 

This involves the use of force or the threat of force, it is considered more serious than other theft crimes, like larceny, for example, which do not involve force.

Well, the main difference between robbery vs. theft is the use of force or intimidation in the act of taking property directly from someone.

The elements of the crime of robbery generally include:

  • taking someone else’s property from their person or in their presence
  • using violent force or the threat of force
  • and having the intention of permanently depriving them of their property

robbery vs theft

Legal Consequences: Theft vs Robbery

Penalties for Theft

The legal consequences for a person convicted of theft differ based on the jurisdiction and the details of the crime, especially the value of the stolen property.

Theft is usually classified into different levels depending on the value of the property taken, with penalties ranging from small fines to significant prison sentences.

Legal Consequences And Impact On The Severity Of The Penalties:

  • Petty Theft: This usually involves property valued below a certain threshold (e.g., $1000 in California). It is often classified as a misdemeanor, punishable by fines, community service, or imprisonment for up to one year.
  • Grand Theft: Involves property exceeding a specified value (e.g., more than $950 in California) and can be charged as either a misdemeanor or a felony.

Felony grand theft can result in significant prison time, often ranging from 16 months to three years or more, depending on the state and the specifics of the case.

  • Federal Theft Law: According to 18 U.S. Code § 641[4] , a federal law that prohibits the theft, embezzlement, or unlawful conversion of U.S. government property. It also criminalizes receiving, concealing, or retaining such property with the knowledge that it was stolen.

Penalties vary based on the property’s value: If it exceeds $1,000, the offender can face up to ten years in prison, while theft of lesser value can result in up to one year in prison. The law is designed to protect government property from unauthorized use or theft.

Aggravating and Mitigating Factors:

  • Aggravating Factors: Factors that can increase the severity of the penalty include the use of force, theft involving vulnerable victims (e.g., the elderly), prior criminal history, or theft of essential items (e.g., a vehicle or medical supplies).
  • Mitigating Factors: These can include the absence of a prior criminal record[5] , the return of stolen property, or cooperation with law enforcement. Mitigating factors may lead to reduced charges or lighter sentencing.

Penalties for Robbery

Robbery is a harsh crime that entails employing force, intimating, or threatening the victim into giving up his property. Unlike theft, which may occur without the victim’s immediate presence, robbery directly endangers the victim, making it a more severe offense in the eyes of the law.

California Penal Code Section 211[6]: Defines robbery as the taking of personal property from another person through force or fear, classifying it as a violent crime[7] The statute underscores the seriousness of robbery due to the threat or use of force.

Federal Law: 18 U.S.C. § 1951 (Hobbs Act)[8] – The Hobbs Act, is a federal law that prohibits robbery or extortion of any substance whatsoever in interstate commerce (with somewhat challenging ways for Congress to prove those cases). This statute covers a robbery that carries with it up to 20 years in federal prison (with extra penalties if there are firearms).

California Penal Code Section 213: This law defines the penalties for robbery in California. According to this law:

  • First-Degree Robbery: In California, first-degree robbery can occur in specific situations, such as when the victim is a driver or passenger in a vehicle, when the crime takes place in an inhabited dwelling (like a house or apartment), or when the victim has just used an ATM. The penalty for first-degree robbery can include imprisonment in a California state prison for three, six, or nine years.
  • Second-Degree Robbery: Any robbery that does not meet the criteria for first-degree robbery is considered second-degree robbery. The penalty for second-degree robbery includes imprisonment in state prison for two, three, or five years.

Watch the Video to learn how to fight back against robbery charges:

What Are the Key Differences Between Theft and Robbery?

Robbery and theft differ in several respects, but the main difference that makes robbery the more serious offense is the potential for physical harm to a victim.

Person vs. property offense: Theft is a crime against property, while robbery is a crime against a person, making robbery more serious.

Theft involves taking or attempting to take money or property without using violence. On the other hand, robbery involves using force or the threat of force.

Victim presence: This is the main difference between robbery and theft. Robbery, unlike theft, entails taking property directly from or in the presence of a person, which places the victim in the path of direct harm.

Penalties: The penalties for theft and robbery reflect the potential for physical harm and violence to a victim. Robberies generally start as felonies, and a defendant convicted of robbery will likely face prison time. On the other hand, thefts can result in misdemeanor penalties. Even for felony theft, a person may potentially receive felony probation[9] and spend little time behind bars.

Theft vs Robbery: How do they Differ from Burglary?

While theft and robbery both involve unlawfully taking someone’s personal property, burglary is a different type[10] of crime altogether. The main distinction lies in how these crimes are committed.

Theft is the act of taking property with the intent to commit to permanently deprive the owner, without any direct interaction with the victim. 

Robbery, however, involves force or the threat of force against the victim during the crime, making it more severe.

On the other hand, burglary involves unlawfully entering a building or structure with the intent to commit theft or another felony inside. Unlike robbery, burglary doesn’t require the presence of a victim, nor does it involve the use of force against a person. The key factor is the unlawful entry, coupled with the intention to commit a crime once inside.

All in all, theft and robbery focus on taking property, and burglary is centered around illegal entry into a space with criminal intent, regardless of whether the intended crime is actually carried out.

Knowing the distinctions between robbery and theft is crucial for legal professionals and the general public alike. While both crimes involve unlawfully taking someone’s property, robbery is considered more severe due to the use of force and direct threat to victims. 

This difference is reflected in the criminal charges and potential sentences for each offense. By recognizing these differences, we can better understand the legal system’s approach to property crimes and the varying degrees of severity of criminal acts.

If you or someone you know is facing charges related to theft, robbery, or burglary, it’s important to seek legal assistance. Contact us today for expert advice and representation to ensure your rights are protected.

 

References

  1. Manshoory, S. (2023, September 19). Larceny vs Theft: What’s the Difference? | Manshoory Law Group. Manshoory Law Group, APC. https://manshoorylaw.com/blog/larceny-vs-theft/
  2. Bernard, T. J. (1998, July 20). Theft | Definition, Penalties & Types. Encyclopedia Britannica. https://www.britannica.com/topic/theft
  3. common law. (n.d.). LII / Legal Information Institute. https://www.law.cornell.edu/wex/common_law
  4. 1643. Definition — property protected by 18 U.S.C. 641. (2020, January 17). https://www.justice.gov/archives/jm/criminal-resource-manual-1643-definition-property-protected-18-usc-64
  5. Manshoory, S. (2017, February 13). How do my prior convictions affect my current case? | Manshoory Law. Manshoory Law Group, APC. https://manshoorylaw.com/blog/the-impact-of-past-convictions-on-current-prosecutions/
  6. Codes display text. (n.d.). https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml
  7. Manshoory, S. (2023, September 20). What would be considered a violent crime in California? | Manshoory Law. Manshoory Law Group, APC. https://manshoorylaw.com/blog/violent-crimes-in-california/
  8. 9-131.000 – The Hobbs Act – 18 U.S.C. § 1951. (2023, December 15). https://www.justice.gov/jm/jm-9-131000-hobbs-act-18-usc-1951
  9. Parker, D. (2023, November 14). Felony probation in California: How does felony probation work ? Manshoory Law Group, APC. https://manshoorylaw.com/blog/felony-probation/
  10. Parker, D. (2024, August 13). Second degree burglary: The difference between first and second degree burglary in California | Manshoory Law Group, APC. Manshoory Law Group, APC. https://manshoorylaw.com/blog/second-degree-burglary/
Second Degree Burglary: The Difference Between First and Second Degree Burglary in California

Second Degree Burglary: The Difference Between First and Second Degree Burglary in California

Burglary remains one of the most frequently prosecuted crimes in California, with significant implications for those accused. In 2022 alone, San Diego, a city in California, reported [1] over 7,300 burglary offenses, highlighting the urgency of understanding the legal distinctions between first and second degree burglary. In 2022, 60% of burglaries were categorized as forced entry, while 36% were classified as non-forced entry, and 4% were labeled as attempted or unsuccessful burglaries. Notably, over the past five years, the percentage of forced entry burglaries has consistently increased, rising from 41% in 2018 to 60% in 2022.

First-degree burglary, often involving residential properties, carries harsher penalties due to the heightened risk to personal safety. In contrast, second-degree burglary typically pertains to commercial establishments and is classified as a “wobbler,” allowing for a range of charges from misdemeanors to felonies[2].

This article provides a comprehensive overview of second-degree burglary, its legal implications, and how it differs from first-degree burglary under California Penal Code Section 459.

Overview of Burglary Laws under Penal Code 459 in California

California Penal Code Section 459 [3] defines burglary as the act of entering a building, room, or locked vehicle with the intent to commit a felony or theft. This statute establishes the foundational elements of burglary charges in the state, emphasizing the necessity of intent.

The general intent required for a burglary charge means that the individual must have the intention to commit a crime at the time of entry, regardless of whether the crime is ultimately executed.

Burglary is categorized primarily into first and second degrees, with each classification carrying distinct legal definitions and penalties.

What Constitutes First-Degree Burglary?

First-degree burglary is defined as the unlawful entry into a residence with the intent to commit a crime. This type of burglary is often referred to as residential burglary and is considered more serious due to the potential threat to personal safety involved.

second degree burglary

First-Degree Burglary: Penalties and Consequences

A conviction for first-degree burglary is classified as a felony in California [4]. The penalties for this crime can include:

  • Prison Sentence: Two, four, or six years in California state prison.
  • Fines: Up to $10,000.
  • Probation: Felony probation [5]may be available but typically requires the defendant to meet specific criteria.

First-degree burglary also counts as a “strike” under California’s Three Strikes Law [6], meaning that subsequent felony convictions could lead to significantly harsher penalties. Including the “person present” allegation for a 1st-degree charge elevates it to a violent strike, resulting in a harsher prison sentence, whereas a regular 1st-degree charge without this allegation is treated as a serious strike, leading to a lighter sentence.

Understanding Second-Degree Burglary

Second-degree burglary, on the other hand, refers to unlawful entry into any structure that is not a residence, such as commercial properties, warehouses, or other non-residential buildings [7]. This classification is often referred to as commercial burglary.

2nd Degree Burglary: Penalties and Consequences

Second-degree burglary is classified as a “wobbler,” meaning it can be charged as either a felony or a misdemeanor, depending on the circumstances and the defendant’s criminal history. The potential penalties for a felony 2nd-degree burglary conviction include:

2nd Degree Offense – Felony Charges:

  • Prison Sentence: Sixteen months, two years, or three years in county jail.
  • Fines: Up to $10,000.

2nd Degree Offense – Misdemeanor Charges:

If charged as a misdemeanor, the penalties may include:

  • Jail Time: Up to one year in county jail.
  • Fines: Up to $1,000.

The flexibility in charging second-degree burglary allows prosecutors to consider the specifics of the case, including the defendant’s past criminal record [8] and the nature of the offense.

Key Differences Between First and Second-Degree Burglary

Understanding the differences between first and second-degree burglary is essential for legal clarity. Below is a comparison of the two:

Aspect First Degree Burglary Second Degree Burglary
Definition Entry into a residence with intent to commit a crime Entry into any non-residential structure with intent to commit a crime
Classification Always a felony Wobbler (can be felony or misdemeanor)
Penalties 2-6 years in prison, fines up to $10,000 Felony: 16 months to 3 years; Misdemeanor: up to 1 year in jail, fines up to $1,000
Strike Status Counts as a strike under Three Strikes Law Does not count as a strike

In California, a “strike” refers to a conviction for a serious or violent felony under the state’s Three Strikes law. The Three Strikes law imposes harsher sentences on repeat offenders who have prior convictions for serious or violent felonies.

Under the Three Strikes law:

  • A first-degree burglary conviction always counts as a strike. This means that if someone is convicted of first-degree burglary, it will be counted as a “strike” on their criminal record.
  • If someone has a prior conviction for first-degree burglary and they are later convicted of any new felony, they can be sentenced as a “second striker.” This doubles the normal sentence for the new felony.
  • If someone has two prior convictions for first-degree burglary or other serious/violent felonies and they are convicted of a new felony, they can be sentenced to 25 years to life in prison as a “third striker.”

In contrast, a second-degree burglary conviction does not count as a strike under the Three Strikes law. This is because second-degree burglary is considered a less serious offense, as it involves entering non-residential structures rather than inhabited dwellings.

So in summary, the “strike” status refers to how a burglary conviction will impact a person’s sentence if they commit future felonies, with first-degree burglary counting as a strike and second-degree burglary not counting. The Three Strikes law aims to impose harsher punishments on repeat offenders who commit serious crimes.

What are Legal Defenses Against Burglary Charges?

In defending against burglary charges, several legal defenses may be employed. Common defenses include:

  • Lack of Intent: The prosecution must prove that the defendant intended to commit a crime at the time of entry. If there is reasonable doubt regarding this intent, the charge may be challenged.
  • Mistaken Identity: If the defendant can demonstrate that they were not the individual who entered the property, this defense may be effective.
  • Consent: If the defendant had permission to enter the property, this could negate the burglary charge.

Legal representation is crucial in burglary cases, as an experienced attorney can help navigate the complexities of the law and develop a strong defense strategy. Reach out for an expert consultation now!

Understanding the distinctions between first and second-degree burglary in California is crucial for anyone facing such charges. With the increasing prevalence of burglary offenses, particularly forced entries, the legal consequences have never been more significant. First-degree burglary, with its severe penalties and strike status, underscores the importance of personal safety, while second-degree burglary, though more flexible in its classification, still carries serious repercussions.

For those accused of burglary, the path forward can be daunting. The difference between a felony and a misdemeanor, or the impact of a strike on your criminal record, can dramatically influence your future. Given the complexities of these laws, securing experienced legal representation is not just advisable—it’s essential. A criminal defense attorney at Manshoory Law can help clarify your legal options, build a strong defense, and guide you toward the best possible outcome. In the face of such serious charges, taking immediate action could make all the difference.

 

Resources

  1. San Diego Association of Governments. (2023, May 3). 43 Years of Crime in the San Diego Region: 1980 Through 2022. SANDAG. https://www.sandag.org/-/media/SANDAG/Documents/PDF/data-and-research/criminal-justice-and-public-safety/criminal-justice-research-clearinghouse/cj-bulletin/cj-bulletin-43-years-of-crime-san-diego-region-2023-05-03.pdf
  2. Manshoory, S. (2016, December 19). Misdemeanor, felony and “Wobbler” offenses in CA | Manshoory Law. Manshoory Law Group, APC. https://manshoorylaw.com/blog/misdemeanor-felony-and-wobbler-offenses-in-california/
  3. California Code, PEN 459. (n.d.). https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=459.&lawCode=PEN
  4. California Penal Code 17B: How to reduce a felony to a misdemeanor | Manshoory Law. (2024, April 26). Manshoory Law Group, APC. https://manshoorylaw.com/california-penal-code/penal-code-17b/
  5. Parker, D. (2023, November 14). Felony probation in California: How does felony probation work ? Manshoory Law Group, APC. https://manshoorylaw.com/blog/felony-probation/
  6. Manshoory, S. (2023, November 17). California Three Strikes Law | Understanding CA 3 strike rule. Manshoory Law Group, APC. https://manshoorylaw.com/blog/california-three-strikes-law/
  7. RCW 9A.52.030: Burglary in the second degree. (n.d.). https://app.leg.wa.gov/rcw/default.aspx?cite=9A.52.030
  8. Los Angeles Criminal Background Check | Criminal Record | Manshoory Law. (2022, January 31). Manshoory Law Group, APC. https://manshoorylaw.com/investigations/criminal-background-check/
Dos and Don’ts: Driving in California with a Foreign License

Dos and Don’ts: Driving in California with a Foreign License

Driving in California with a foreign license can be both convenient and daunting. Whether you are a tourist, student, or short-term visitor, understanding the state’s driving laws and regulations is essential for a smooth experience on the road. California allows foreign drivers to use their valid international driver’s licenses, but several key points must be kept in mind to remain compliant with state laws.

Before hitting the road, you must familiarize yourself with California’s specific requirements. This includes carrying the correct documentation, understanding traffic rules, and ensuring you have adequate insurance coverage. Failure to adhere to these regulations can lead to legal complications, fines, and potential issues with your home country’s authorities.

This comprehensive guide outlines the dos and don’ts of driving in California with a foreign license. By following these guidelines, you can ensure a safe and lawful driving experience during your stay in the Golden State.

Driving in California with a Foreign License? Understand the Laws

Understanding the regulations surrounding driving in California with a foreign license can save a lot of hassle. California permits foreign drivers to operate vehicles using their valid driver’s license from their home country. However, this is generally allowed for short-term visits only. It’s important to verify the validity period of your foreign driver’s license to avoid any legal complications. Typically, if your stay exceeds six months, you will be required to obtain a California driver’s license.

In addition to your foreign license, always carry your passport. If you plan to stay longer than a year, consider securing a more permanent solution, like an International Driving Permit [1]  (IDP). Documentation is crucial, so keep all necessary papers, such as insurance and vehicle registration, handy to present if asked by law enforcement officers.

Preparation is key to a smooth experience while driving as a foreign visitor. Review the requirements and rules before you start driving to avoid penalties and ensure compliance with California’s legal framework.

Dos: Essential Guidelines for Driving in California with a Foreign License

  • Do Carry Your Foreign License at All Times

Always keep your original driver’s license with you. This document is proof of your legal right to drive and will be necessary during traffic stops or if you are involved in an accident. Carry it along with other identification forms, such as your passport.

  • Do Understand and Abide by California Traffic Laws

Familiarize yourself with California’s traffic laws[2], including speed limits, traffic signs, and other local regulations. Knowing these laws ensures you drive safely and avoid fines. Resources are available online, or you can visit the DMV website for detailed information.

  • Do Get an International Driving Permit (IDP) if Required

Consider obtaining an International Driving Permit (IDP). This permit translates your foreign license into English, making it easier for local authorities to understand. It is especially recommended if your license is not in English or if you plan to stay for an extended period.

  • Do Secure Adequate Car Insurance

Insurance is mandatory for all drivers in California. Ensure you have adequate coverage to meet legal requirements. Some insurance companies offer policies tailored to foreign drivers. Having comprehensive insurance protects you in case of accidents and ensures compliance with state laws.

  • Do Know What to Do in Case of an Accident

Accidents can be stressful, especially in a foreign country. Know the steps to take: check for injuries, call emergency services if needed, and exchange information with the other driver. It’s crucial to report the incident to the police and your insurance company. Keep a written record of the details and any witness accounts.

international drivers licence

Don’ts: Common Mistakes to Avoid

  • Don’t Drive Without Understanding Local Road Etiquette

Driving etiquette varies by location. Familiarize yourself with local customs, such as who has the right of way and how to use roundabouts. This knowledge helps prevent misunderstandings and accidents.

  • Don’t Overlook Rental Car Agreements

If renting a car, carefully review the rental agreement. Pay attention to the details regarding insurance coverage, mileage limits, and any driving restrictions. Understanding these terms can help avoid unexpected fees or penalties.

  • Don’t Ignore Parking and Toll Rules

California has specific parking regulations[3] and toll requirements. Read parking signs to avoid fines and know how to pay tolls. Some areas have automated toll systems, so it’s wise to understand the payment process before driving.

  • Don’t Forget to Carry Additional Identification

Besides your driver’s license, carry extra identification forms, such as a passport. This additional ID may be needed in various situations, such as when checking into hotels or dealing with law enforcement.

  • Don’t Underestimate Traffic Conditions

California, especially cities like Los Angeles, is known for heavy traffic. Plan your trips considering peak traffic hours. Use GPS and real-time traffic apps to navigate efficiently and avoid congested routes.

Seeking Assistance: What to Do in Legal Situations

Should you find yourself in a legal predicament while driving in California with a foreign license, there are steps to take to protect your rights. Contacting a legal professional experienced with international drivers is advisable. They can provide guidance and representation if needed.

Understanding your legal responsibilities and rights can help navigate any challenges you might face. Always have key contact numbers, including your country’s consulate and a legal professional, accessible in case of emergencies. Proper legal assistance can make a significant difference in resolving issues swiftly and favorably, especially in case when you are having a DUI accident in California, a Los Angeles DUI attorney can be of great help to your case.

Obtaining legal help ensures you are adequately represented and understand the processes involved in your case. Reach out to a local attorney in California who is experienced with international driving issues to get the best possible advice and support.

Driving in California with a foreign license entails understanding specific rules and obligations to ensure a safe and lawful experience. Make sure to carry your foreign license and additional identification at all times. Comply with California traffic laws, secure necessary insurance, and know what steps to take if you find yourself in a legal situation. Be informed about the requirements for tourists and non-residents to avoid common pitfalls and ensure a smooth driving experience.

Can’t navigate your legal situation alone? Get the expert advice and representation you need. Contact Manshoory Law for a consultation today to ensure your rights are protected while driving in California. Reach out to our experienced team and drive with confidence!

Driving in California with a Foreign License – FAQ

What if Your Country Doesn’t Issue Driver’s Licenses?

If your home country does not issue driver's licenses, you must obtain a California driver's permit to legally drive in the state. This process involves passing written and road exams conducted by the Department of Motor Vehicles (DMV). It's advisable to start this process promptly if you plan on staying in California for an extended period, as obtaining a California driver’s permit can take some time. Consider enrolling in a driving school to prepare for the exams. The DMV website offers study materials to help you understand California driving laws and regulations comprehensively. Make sure to schedule an appointment at a local DMV office to avoid long wait times.

What if I am Under 18?

Driving in California with a foreign license is generally not permitted for individuals under 18. Instead, you will need to obtain a California driver’s permit, which involves meeting specific requirements designed for minors. These requirements include completing a driver’s education course and adhering to supervised driving hours. Parents or legal guardians must sign consent forms, and you will need to pass both the written and driving tests. Compliance with these regulations ensures not only the legality of your driving status but also your safety and the safety of others on the road.

What Happens if You Get Caught Driving Without a Valid License?

Driving without a valid license in California is a serious offense. If caught, you could face heavy fines, vehicle impoundment, and even criminal charges, depending on the circumstances. Law enforcement officers are trained to verify the validity of foreign licenses and will report any discrepancies. To avoid such issues, ensure that your international driver's license or valid foreign license is always up to date and that you carry all necessary documentation. In legal situations, contacting a licensed attorney can provide critical guidance and support.

What Does a Foreigner Need to Drive in California?

Foreign drivers need a valid driver’s license from their home country. It is also strongly recommended that an International Driving Permit (IDP) be obtained, especially if the original license is not in English. Additional documents, such as a passport and proof of auto insurance, are essential and must be carried at all times. Verify with the DMV or visit their website to ensure you have all the required documentation and obtain any updates regarding driving in California with a foreign license. Being well-prepared helps to avoid unnecessary legal complications.

Can a Tourist Rent a Car in California?

Yes, tourists can rent a car in California. Rental agencies require a valid driver’s license from your home country and often recommend or require an International Driving Permit. Be prepared to present your passport and a major credit card for the rental transaction. Carefully read the rental agreement, especially sections on insurance coverage and any restrictions on where you can drive. Understanding these terms can help you avoid additional fees and ensure a hassle-free rental experience.

How Long Can a Non-Resident Drive in California?

Non-residents can generally drive in California with a valid foreign license for up to one year. However, if your stay extends beyond this period, you must obtain a California driver's license. It's important to check specific guidelines as the duration can vary based on your visa status and country of origin. Staying informed about these regulations is crucial for long-term visitors. Visit the Department of Motor Vehicles DMV to apply for a California driver’s license before your international driver’s license becomes invalid.

References

  1. International driver’s license for U.S. citizens | USAGov. (n.d.). https://www.usa.gov/international-drivers-license
  2. State of California Department of Motor Vehicles. (2024, January 11). Section 7: Laws and Rules of the Road – California DMV. California DMV. https://www.dmv.ca.gov/portal/handbook/california-driver-handbook/laws-and-rules-of-the-road/

  3. State of California Department of Motor Vehicles. (2024, May 15). Section 6: Navigating the Roads (Continued) – California DMV. California DMV. https://www.dmv.ca.gov/portal/handbook/california-driver-handbook/navigating-the-roads-cont1/