Criminal Law Blog

What Counts as a Violent Crime in California?

While any arrest would make most people worry, when the crime at issue is a violent crime, even the toughest may shudder. Unlike so-called minor or non-violent crimes, those crimes deemed to be violent typically carry with them substantial penalties, and, in most cases, substantial prison time which may include life in prison or capital punishment.

Being accused of any crime, let alone a violent crime should necessitate the retention of an experienced criminal defense attorney, especially one with experience in violent crimes, to ensure that the defendant can establish as aggressive and effective defense as possible.

But, just what is a violent crime? Unfortunately, violent crime definition is not as cut and dry as one would expect. Like the phrase assault weapon, a violent crime may mean different things to different legislatures in different States, as this article illustrates.

What Are The Different Types Of Violent Crimes In California?

Under California’s violent felony statute, the state has formally designated the following offenses as violent crimes:

• Murder or attempted murder, or voluntary or involuntary manslaughter;
• Mayhem, or deliberately causing a permanent disfigurement of another;
• Rape (including spousal rape), sodomy, oral copulation, or sexual penetration;
• A lewd or lascivious act;
• An act in which the defendant inflicts great bodily injury on another;
• Domestic violence;
• Robbery;
• Arson;
• Kidnapping or false imprisonment;
• Assault with the intent to commit a specified felony, or assault with a deadly weapon;
• Battery or battery on a peace officer
• Continuous sexual abuse of a child;
• Stalking;
• Carjacking;
• Extortion;
• Criminal threats; and
• First degree burglary;

What Are The Penalties For Violent Crimes?

Violent crimes are treated with extreme seriousness by the California criminal justice system, and any individual convicted of this kind of crime should expect to be prosecuted to the fullest extent of the law. Since most violent crimes are felonies, it can be expected that any prison term will be greater than one year in a California State prison. Moreover, fines, probation, and other court-mandated actions may also be assessed against the convicted individual.

Additionally, although an individual convicted of a violent crime can be expected to spend substantial time in prison, there is an even greater and more devastating consequence that will await the individual upon release from prison. Repercussions of a conviction can extend beyond the penalties themselves. By way of example, convicted individuals may face limited opportunities in both the job and housing markets. Most professional licenses will be revoked, and the ability to obtain such a license after release will be severely curtailed. Most property owners will be hesitant to rent to individuals with a violent crime on his/her criminal record. Additionally, the ability to obtain credit will also be drastically reduced. Finally, in many cases, even if the convicted individual had financial stability prior to conviction, the sheer cost of the trial will most likely deplete this stability, in addition to any fines that are assessed.

The 85% Rule. A conviction for a designated violent felony triggers one of the most consequential sentencing rules in California law: the defendant must serve at least 85% of their prison sentence before being eligible for release. This contrasts sharply with most non-violent felonies, where defendants can earn good-time credits that reduce time actually served to roughly half of the imposed sentence. The 85% rule dramatically increases real-world prison time and is one of the most important reasons that the “violent crime” classification matters so much in sentencing decisions and plea negotiations.

Violent Crimes vs. Serious Felonies. California maintains two related but distinct lists of enhanced-penalty offenses: violent crimes and serious felonies. All violent crimes are also classified as serious felonies, but the reverse is not true. Both categories count as strikes under the Three Strikes Law, but only violent crimes trigger the 85% rule and the most restrictive parole limitations. This distinction often becomes a central focus of plea negotiations, because reducing a charge from the violent list to the serious-only list can substantially change the sentence a defendant ultimately serves.

Why the “Violent Crime” Label Matters Beyond Sentencing?

The classification of an offense as a violent crime affects far more than the headline prison term. It also influences bail decisions, as judges rarely grant low bail or release on one’s own recognizance in violent felony cases. It limits eligibility for early parole consideration under California’s parole reform measures, which generally exclude violent felonies. It typically forecloses access to diversion programs and alternative sentencing options. It restricts good-time credit calculation, which is capped at 15% for violent felonies compared to up to 50% for non-violent ones. And it carries significant immigration consequences, since most violent crimes qualify as “aggravated felonies” under federal immigration law, triggering deportation for non-citizens regardless of how long they have lived in the United States. Because so many downstream consequences flow from this single classification, defense strategy in these cases often focuses on negotiating the charge down to a lesser offense that is not on the state’s violent crime list.

How the Three Strikes Law Affects Violent Crime Cases?

California’s Three Strikes Law is one of the toughest repeat-offender sentencing schemes in the United States, and it sits at the center of nearly every violent crime case in the state. A defendant with one prior strike on their record faces a doubled sentence for any new felony conviction, so a robbery that would ordinarily carry five years becomes ten. A defendant with two or more prior strikes can face 25 years to life in state prison for any new serious or violent felony, regardless of how much time has passed since the earlier convictions.

Do you need a Criminal Defense Attorney for Violent Crimes in California?

Yes, and the sooner the better. Violent crime cases are among the most aggressively prosecuted matters in California, and the consequences of conviction extend far beyond prison time, affecting parole eligibility, immigration status, professional licensing, housing, and firearm rights for life. The decisions made in the first 48 hours after an arrest often shape the entire trajectory of the case.

If you or someone you love has been arrested for a violent crime in Los Angeles, Orange County, or anywhere in Southern California, contact the criminal defense attorneys at Manshoory Law Group as soon as possible. Our firm focuses exclusively on criminal defense and has years of experience handling the full range of violent crime cases. Attorneys are available 24/7. Consultations are free, and flexible payment plans are available. Contact our lawyers today to discuss your case.

FAQ

Is assault with a deadly weapon considered a violent crime in California?

Not always. Assault with a deadly weapon is a “wobbler” that can be charged as a misdemeanor or felony. It only counts as a violent crime when paired with a great bodily injury enhancement, which triggers strike status and the 85% rule.

What is the 85% rule for violent crimes in California?

The 85% rule requires anyone convicted of a designated violent felony to serve at least 85% of their prison sentence before release. For most non-violent felonies, defendants can earn credits that cut actual time served to roughly 50%.

Does every violent crime conviction count as a strike under the Three Strikes Law?

Yes. Every offense on California’s violent crime list automatically counts as a strike. A single strike doubles the sentence for any future felony conviction, and a second or third strike can result in 25 years to life in state prison.

What is the difference between a violent crime and a serious felony in California?

All violent crimes are also serious felonies, but not all serious felonies are violent. Both count as strikes, but only violent crimes trigger the 85% rule. Reducing a charge from violent to serious-only can significantly shorten time served.

Can a violent crime conviction be expunged in California?

Generally no. Most violent felony convictions are not eligible for expungement, especially when the sentence involves state prison. This makes fighting the violent crime classification at the charging or plea stage critical, because it’s very hard to undo later.

When Can Police Search Your Cell Phone in California?

Your phone holds your texts, photos, banking, location history, health data, and conversations with everyone you know. So when police ask for it during a traffic stop or take it from you after an arrest, the question matters enormously: can they actually search it?

The short answer in California is: almost always, no, not without a warrant. The longer answer involves a landmark Supreme Court case, the strongest state digital privacy law in the country, and a handful of exceptions that can make or break a criminal case.

This guide breaks down exactly when police can search your phone in California, what your rights are, and what to do if you think your phone was searched unlawfully. If you’re already facing charges where phone evidence is involved, talk to a Los Angeles criminal defense attorney before you say anything else to investigators.

The General Rule: Police Need a Warrant

Under the Fourth Amendment of the U.S. Constitution and Article I, Section 13 of the California Constitution, you are protected against unreasonable searches and seizures. For most personal property, police need a warrant supported by probable cause before they can search.

For cell phones specifically, the Supreme Court answered the question directly in 2014.

Riley v. California: The Landmark Ruling

In Riley v. California (2014), the U.S. Supreme Court ruled unanimously that police generally need a warrant to search the digital contents of a cell phone, even when the phone is seized during an otherwise lawful arrest.

Chief Justice John Roberts wrote that comparing a search of a smartphone to a search of physical items found on an arrestee is “like saying a ride on horseback is materially indistinguishable from a flight to the moon.” The amount of personal data on a modern phone, photos, messages, location history, financial records, medical information, was treated by the Court as fundamentally different from anything that came before.

The Court’s instruction to law enforcement was direct: get a warrant.

What Riley means in practice:

• Police can seize your phone when they arrest you (to preserve evidence)
• Police generally cannot search the contents without a warrant
• The “search incident to arrest” exception, which lets officers search a person’s pockets and immediate area, does not extend to the digital contents of a phone
• Limited exceptions still apply (covered below)

CalECPA: California’s Stronger Protection

California went further than the federal standard by passing the California Electronic Communications Privacy Act (CalECPA), codified at California Penal Code § 1546. It took effect January 1, 2016 and has been called the strongest digital privacy law in the United States.

Under CalECPA, no California government agency can:

• Search your electronic device (phone, tablet, laptop)
• Demand your data from a service provider (Apple, Google, Verizon, Meta)
• Obtain your location information from cell carriers
• Access your cloud-stored data

…without one of the following:

1. A search warrant based on probable cause
2. Your free and voluntary consent
3. A genuine emergency involving danger of death or serious physical injury
4. A subpoena for specific narrow categories of subscriber information

The law also requires that the target of a warrant be notified of the search, even when it goes through a third-party service provider. That’s a major protection that federal law doesn’t require.

Carpenter v. United States: Cell Site Location Data

In Carpenter v. United States (2018), the Supreme Court extended warrant protection further: police generally need a warrant to obtain historical cell-site location information from your wireless carrier. This is the data that shows where your phone (and, by extension, you) has been over days, weeks, or months.

Before Carpenter, police could often get this information through a simple court order with a lower standard than probable cause. After Carpenter, a warrant is the default. California law already required this under CalECPA, but Carpenter made it a nationwide constitutional standard.

When Police Can Search Your Phone Without a Warrant

There are still limited situations where a warrantless phone search is legal:

Consent. If you give free and voluntary consent, police don’t need a warrant. This is the single most common way phone searches happen, and it’s almost always a mistake to consent. You can refuse. Politely say: “I do not consent to a search of my phone.”

Exigent circumstances (true emergencies). If police reasonably believe:

• The phone is about to be remotely wiped
• The phone contains data needed to prevent imminent harm (locating a kidnapping victim, for example)
• Evidence will be destroyed before a warrant can be obtained

…they may search without a warrant. Courts scrutinize exigent-circumstances claims carefully, and “we wanted to act fast” doesn’t qualify.

Probation or parole search conditions. If you’re on probation or parole with a search condition that expressly includes electronic devices, your consent has effectively been given as a condition of release. This is one of the most common exceptions in California criminal practice.

Border searches. At the U.S. border, including international airports, federal agents have broader authority. Basic searches of a phone (manual scrolling) can happen without any suspicion. Forensic searches (using software to extract data) generally require reasonable suspicion under recent Ninth Circuit rulings, though the law continues to evolve.

Inventory search at booking. Limited inspection of a phone’s exterior during booking (recording the phone’s existence, model, and visible identifiers) is generally allowed. Searching the contents still requires a warrant.

Passcodes vs. Face ID and Fingerprint: A Critical Distinction

This is one of the most active areas of phone-search law right now.

Passcodes: Courts have generally held that compelling you to disclose a passcode violates your Fifth Amendment right against self-incrimination, because giving up the passcode is “testimonial.” Police can’t force you to tell them your password.

Biometrics (Face ID, fingerprint, retina): Courts are split. Many have held that biometrics are not “testimonial” because they’re physical characteristics, similar to a fingerprint at booking. Under this view, police with a warrant can compel you to unlock your phone with your face or finger. Other courts have disagreed.

Practical tip: If you’re concerned about phone security in a law enforcement context, a strong passcode currently offers more legal protection than biometric unlock. On iPhone, holding the side button and a volume button briefly disables Face ID until the passcode is entered again. Similar features exist on Android.

What to Do If Police Ask to Search Your Phone

Whether during a traffic stop, a street encounter, or after an arrest, your response matters:

1. Stay calm and polite. Don’t argue or physically resist.
2. Do not consent. Say clearly: “I do not consent to a search of my phone.”
3. Do not unlock it. You’re not required to provide your passcode. If they have a warrant, that’s a different conversation, ask to see it.
4. Invoke your rights. “I am invoking my right to remain silent. I want a lawyer.”
5. Don’t try to delete anything. That can lead to obstruction or destruction-of-evidence charges, and it triggers the exigent-circumstances exception.
6. Remember the details. Officer names, badge numbers, time, what was said, what you said in response.
7. Call a criminal defense attorney immediately.

Even if police seize your phone, refusing consent preserves your ability to challenge any subsequent search in court. If they search anyway without a warrant or valid exception, your attorney can move to suppress the evidence.

For a broader look at when police can search you, your car, or your home, see our overview of California search and seizure laws and our guide to search warrants in California.

What If Police Searched Your Phone Without a Warrant?

If your phone was searched without a warrant and no valid exception applies, your attorney has powerful tools:

Motion to suppress under Penal Code § 1538.5. Your lawyer can ask the court to exclude any evidence obtained from the unlawful phone search. If the suppressed evidence was central to the case, the prosecution may be forced to dismiss or significantly reduce charges.

CalECPA suppression remedy. Penal Code § 1546.4 specifically allows defendants to move to suppress electronic information obtained in violation of CalECPA. This is in addition to Fourth Amendment remedies, and it’s often broader.

Fruit of the poisonous tree. Evidence derived from the illegal phone search, even if technically separate, can also be suppressed if it would not have been discovered without the unlawful search.

Many California criminal cases involving phone evidence turn entirely on these motions. A successful suppression motion can end a case before trial.

Frequently Asked Questions

Can police search my phone if they arrest me?

Generally, no. Under Riley v. California, police can seize your phone during an arrest to preserve evidence, but they cannot search its digital contents without a warrant or a recognized exception like consent or exigent circumstances.

Do I have to give police my passcode in California?

No. Compelling you to disclose your passcode generally violates the Fifth Amendment right against self-incrimination. You can decline. Politely say: “I do not consent to unlocking my phone.”

Can police make me unlock my phone with Face ID or my fingerprint?

The law is unsettled. Some courts have held that biometric unlocks are not “testimonial” and can be compelled with a warrant. Others disagree. A strong passcode currently offers more legal protection than biometric unlock in this context.

Can police search my phone if I’m just being pulled over for a traffic violation?

No, not without your consent or a warrant. A routine traffic stop does not authorize a phone search, even if you’re being cited or briefly detained. You can refuse consent.

What if I’m on probation? Can my phone be searched without a warrant?

It depends on your probation conditions. If your terms include a search condition that expressly covers electronic devices, officers can usually search your phone without a warrant. If the condition doesn’t mention electronic devices specifically, the search may still require one.

Can federal agents search my phone at the airport?

Yes, with broader authority than local police. At the U.S. border, including international airports, basic manual searches of a phone can happen without any suspicion. Forensic searches (extracting data with software) generally require reasonable suspicion under current Ninth Circuit law. Domestic flights from a California airport are different and don’t trigger border-search authority.

Talk to a Los Angeles Criminal Defense Attorney Today

If police have searched your phone, seized it, or are asking for access, the decisions you make in the next few hours and days can shape the entire outcome of your case. Phone evidence is at the heart of countless modern prosecutions, drug cases, DUIs, theft, fraud, sex crimes, gang allegations, and the difference between a conviction and a dismissal often comes down to whether that evidence was lawfully obtained.

The criminal defense attorneys at Manshoory Law Group know how to scrutinize phone searches, identify Fourth Amendment and CalECPA violations, and move to suppress unlawfully obtained evidence. We’ve handled these motions across Los Angeles, Orange County, and the wider Southern California region.

For more on what to expect during a police encounter, see our guide to your rights when arrested.

Consultations are free, and we’re available 24/7. Flexible payment plans are available.

Call 877-977-7750 today or contact us online to speak with an attorney.

Holiday Driving Safety: How to Stay Safe on California Roads This Season

The holiday season brings more vehicles on California roads, more impaired drivers, and more adverse weather conditions than almost any other time of year. According to the National Highway Traffic Safety Administration, roughly 40 percent of all traffic fatalities during the Christmas and New Year’s period involve a drunk driver. That figure is significantly higher than the annual average of about 28 percent. More people are driving longer distances, more people are drinking at gatherings, and enforcement activity increases in response.

Most of these accidents are preventable. This guide covers the specific risks that make holiday driving more dangerous, practical steps you can take to protect yourself and others, and what a DUI arrest in California actually means if something goes wrong.

Why Holiday Roads Are More Dangerous

Drunk and Impaired Driving

The single largest contributor to holiday traffic fatalities is impaired driving. Holiday gatherings, work parties, and New Year’s Eve celebrations all create conditions where more people than usual consume alcohol before getting behind the wheel. California law enforcement agencies routinely deploy additional DUI checkpoints and saturation patrols throughout December and into early January specifically because of this pattern. The NHTSA reports that on New Year’s Eve alone, more than half of all traffic deaths involve an impaired driver.

What makes holiday drunk driving particularly dangerous is that many impaired drivers at this time of year are not habitual drinkers. They drink infrequently, misjudge their actual impairment, and drive on roads that may also be affected by rain, fog, or reduced visibility. The combination of lower tolerance, poor judgment, and difficult conditions is genuinely deadly.

Weather Conditions

Southern California does not get snow, but it does get rain, fog, and temperature drops that create hazardous road conditions from November through February. Wet roads increase stopping distances significantly. Fog reduces visibility and makes it harder to judge the speed and distance of other vehicles. Early morning temperatures in mountain passes and some inland areas can produce black ice on road surfaces that look dry. These conditions require slower speeds, increased following distances, and heightened attention that many drivers do not adjust for.

More Vehicles, More Distraction

Holiday travel volume on California freeways and surface streets peaks in the days before Christmas and around New Year’s. More vehicles means more lane changes, more merging, and more aggressive driving by people trying to reach destinations on tight timelines. Distracted driving, always a problem, gets worse when passengers are present, when drivers are tired from travel, or when navigation apps and music occupy attention that should be on the road.

Practical Holiday Driving Safety Tips

The steps below are straightforward, but each one makes a measurable difference in reducing your exposure to holiday road risks:

• Plan before you drink: Decide before arriving at any gathering whether you will be drinking. If you are, arrange a rideshare, a designated driver, or a place to stay rather than deciding after the fact. Impaired judgment makes that decision harder once you have started drinking.
• Use a BAC estimator before driving: Blood alcohol concentration depends on your weight, what you drank, over how long, and whether you ate. Many people overestimate how quickly they sober up. If you are uncertain whether you are under the legal limit, do not drive.
• Increase your following distance: In wet or foggy conditions, the standard two-second following distance is not enough. Extend it to four to six seconds to give yourself adequate stopping distance if the vehicle ahead brakes suddenly.
• Watch for erratic drivers: Signs of an impaired driver include wide turns, drifting between lanes, stopping abruptly, driving significantly below the speed limit, and failure to use headlights at night. If you observe these behaviors, stay back, do not attempt to pass, and pull over safely to call 911.
• Leave earlier than you think you need to: Traffic during the holiday period is significantly heavier and less predictable than usual. Building extra time into your route reduces the pressure to drive faster than conditions allow.
• Keep your vehicle maintained: Cold weather affects tire pressure, battery performance, and windshield wiper condition. Check your tires, fluid levels, and lights before the season gets underway, not after you are stuck on the side of the road.
• Avoid driving late at night on New Year’s Eve: The window between 11 PM and 3 AM on December 31 and January 1 has consistently the highest concentration of impaired drivers on the road of any period during the year.

What Happens If You Are Stopped for DUI in California

California law enforcement significantly increases DUI enforcement activity during the holidays. Checkpoints are announced in advance but their locations are spread across major corridors. Officers are also conducting roving patrols looking for the traffic patterns associated with impaired driving. If you are stopped and the officer suspects impairment, you will be asked to perform field sobriety tests and submit to a preliminary alcohol screening breath test. Refusing the preliminary test prior to arrest is not subject to the implied consent penalty, but refusing a chemical test after a lawful arrest triggers a mandatory one-year license suspension in addition to any court penalties.

California Vehicle Code 23152 sets the legal blood alcohol concentration limit at 0.08 percent for most drivers, 0.04 for commercial vehicle operators, and 0.01 for drivers under 21 or on DUI probation. A driver can also be charged at any BAC level if the prosecution can establish that their ability to drive safely was actually impaired.

A DUI arrest triggers two separate proceedings that run simultaneously: a criminal case in the superior court and an administrative license suspension proceeding through the DMV. You have 10 days from the date of arrest to request a DMV hearing to contest the administrative suspension. Missing that window results in an automatic suspension regardless of what happens in the criminal case.

California DUI penalties by offense level:

Base fines are multiplied by penalty assessments that typically push the total cost to $2,000 or more on a first offense. Beyond the fines and suspension, a first offense DUI in California also requires mandatory DUI school, probation of three to five years, an SR-22 insurance filing, and in some cases installation of an ignition interlock device.

A DUI conviction stays on your California driving record for 10 years and on your criminal record permanently unless expunged. The long-term consequences extend well beyond the immediate penalties. If you are facing a DUI charge, retaining an experienced DUI defense attorney as early as possible, before the DMV hearing deadline, is the most important step you can take.

Frequently Asked Questions

Can I be arrested for DUI even if I feel fine to drive?

Yes. California law permits a DUI charge based on actual impairment even when BAC is below 0.08 percent. An officer who observes driving patterns consistent with impairment, combined with signs such as the odor of alcohol, slurred speech, or poor performance on field sobriety tests, has grounds to arrest regardless of the BAC reading. Many people genuinely underestimate their level of impairment, particularly those who drink infrequently.

Are there more DUI checkpoints during the holidays in California?

Yes. The California Office of Traffic Safety funds additional DUI checkpoint operations throughout December and early January, and law enforcement agencies are required to announce checkpoints publicly in advance. The announcement requirement does not significantly reduce their effectiveness because drivers who attempt to avoid them by turning around can be stopped for that behavior if done unlawfully.

What if I was hit by a drunk driver during the holidays?

If you were injured in an accident caused by an impaired driver, you may have both a personal injury civil claim against that driver and, if applicable, a dram shop claim against a business that served them alcohol. On the criminal side, the drunk driver may face charges including DUI causing injury under Vehicle Code 23153, which is a felony if the injuries are serious. As the victim, you are not the complaining party in the criminal case, but your testimony and cooperation with law enforcement significantly strengthen the prosecution’s case.

How do I know if my BAC is under the legal limit?

The only reliable way is a breathalyzer or blood test. BAC depends on body weight, gender, the number and type of drinks consumed, the time over which you drank, and whether you ate. General rules of thumb about drinks per hour are not precise enough to rely on for a driving decision. The BAC estimator tool on this site can provide a general reference, but it is not a substitute for an actual test. When in doubt, do not drive.

Stay Safe, Know the Risks

The holidays should not carry the risk of a DUI arrest or a serious accident. Planning ahead, understanding the specific conditions that make this time of year more dangerous, and knowing what enforcement looks like on California roads during December and January are all things within your control. If you are facing a DUI charge from this holiday season or a prior one, contact Manshoory Law Group for a free case analysis.

Witness Rules in California Criminal Cases: What You Need to Know

Witnesses are among the most powerful tools available to both the prosecution and the defense in a California criminal trial. A single credible witness can establish facts that physical evidence cannot, place a defendant at the scene of a crime, or destroy the prosecution’s timeline entirely. But not everyone who saw or heard something can simply walk into a courtroom and testify. California law sets out specific requirements for who qualifies as a witness, what they can say, and how their testimony can be challenged.

Understanding these rules matters whether you are preparing a defense, evaluating the strength of the prosecution’s case, or trying to understand what happened at a trial. This article explains the core witness rules that apply in California criminal proceedings under the California Evidence Code and how they shape what juries actually hear.

Who Can Testify as a Witness in California?

California Evidence Code 700 establishes the baseline rule: every person is qualified to be a witness except as otherwise provided by statute. That broad starting point is then narrowed by competency requirements, relevance rules, and privilege protections.

To be competent to testify, a witness must meet two basic conditions under Evidence Code 701. First, they must have personal knowledge of the matter they are testifying about. A witness cannot testify to facts they did not personally observe or experience. Second, they must be able to communicate their testimony in a way that the court can understand, either directly or through an interpreter.

Children can testify in California criminal cases if they understand the duty to tell the truth and can communicate understandably. There is no minimum age set by statute. The trial court evaluates competency on a case-by-case basis, and in cases involving alleged child abuse, special procedures under Evidence Code 765 apply to protect the witness while still allowing cross-examination.

A defendant in a criminal case cannot be compelled to testify against themselves under the Fifth Amendment. The prosecution cannot call the defendant as a witness or comment adversely on their choice not to testify. Co-defendants in separate trials can be called as witnesses against each other, though they retain their own Fifth Amendment rights.

Types of Witnesses in California Criminal Cases

Lay Witnesses

A lay witness, sometimes called a fact witness, testifies based on what they personally saw, heard, or experienced. Their testimony is limited to factual observations. Opinion testimony from a lay witness is permitted only when it is rationally based on their own perception and helps the jury understand the testimony or determine a fact in issue, such as estimating a vehicle’s speed or describing someone’s apparent emotional state.

Expert Witnesses

An expert witness is permitted to offer opinion testimony in areas where specialized knowledge, skill, training, or experience is required to help the jury understand the evidence. Under Evidence Code 720, the court must first qualify the witness as an expert in the relevant field before they can offer opinions. Expert witnesses in criminal defense cover a wide range of disciplines, from forensic science and toxicology to digital forensics and psychiatry, and are frequently the mechanism through which the prosecution’s technical evidence is challenged.

Character Witnesses

A defendant may call witnesses to testify about their reputation for relevant character traits, such as peacefulness in a violent crime case or honesty in a fraud case. Once the defendant opens the door to character evidence, the prosecution can cross-examine those witnesses and may call its own rebuttal character witnesses. Character evidence about the victim may also be admissible in certain cases, subject to restrictions under California Evidence Code 1103.

How Witness Competency Is Challenged

Before a witness takes the stand, either party can challenge their competency to testify. The judge determines competency as a preliminary matter under Evidence Code 405. The challenging party bears the burden of showing that the witness lacks the capacity to observe, recollect, communicate, or appreciate the duty to tell the truth.

Competency challenges arise most frequently in cases involving young children, elderly witnesses with cognitive impairment, or witnesses with severe mental illness. The challenge must be based on the witness’s actual capacity at the time of trial, not on assumptions about their category of person. A witness who is intoxicated at the time of testimony may also be subject to a competency challenge.

Challenging competency before testimony begins is different from impeaching credibility during cross-examination. A competency challenge seeks to exclude the witness entirely. Impeachment attacks the reliability of testimony the witness has already given, through prior inconsistent statements, bias, prior convictions, or other credibility evidence.

Direct Examination and Cross-Examination Rules

Once a witness takes the stand, the examining attorney conducts direct examination, meaning they ask the witness open-ended questions about what the witness knows. Leading questions, which suggest their own answer, are generally not permitted on direct examination of a witness called by the examining party. They are permitted when examining a hostile witness or an adverse party.

Cross-examination follows direct examination and is conducted by opposing counsel. Cross-examination is limited to the scope of the direct examination and matters affecting credibility. Leading questions are permitted on cross. This is where the defense attacks the reliability of prosecution witnesses and where the prosecution challenges defense witnesses.

The scope of cross-examination is an important tactical battleground. If a witness testifies on direct about a narrow set of facts, the cross-examiner cannot roam freely into unrelated topics. A defense attorney who wants to introduce certain information through a prosecution witness must find a basis in the direct testimony or argue that the topic goes to credibility.

Hearsay Rules and Exceptions

Hearsay is an out-of-court statement offered to prove the truth of the matter it asserts. Under California Evidence Code 1200, hearsay is generally inadmissible. The rule exists because out-of-court statements cannot be tested by cross-examination at the time they were made, making them less reliable than in-court testimony.

California recognizes dozens of exceptions to the hearsay rule, many of which appear regularly in criminal trials. Dying declarations, excited utterances, statements against interest, business records, and prior inconsistent statements used for impeachment are among the most commonly invoked. Each exception has specific requirements, and whether a statement qualifies is frequently litigated in pretrial motions and at trial.

The confrontation clause of the Sixth Amendment adds a constitutional layer on top of the hearsay rules in criminal cases. Under the Supreme Court’s decision in Crawford v. Washington (2004), testimonial statements by unavailable witnesses cannot be admitted against a criminal defendant unless the defendant had a prior opportunity to cross-examine the witness who made them. This protection is broader in some respects than the California hearsay exceptions and frequently controls in cases involving out-of-court statements by law enforcement or forensic analysts.

Compelling Witnesses and the Right to Refuse Testimony

Both the prosecution and the defense have the right to compel witnesses to appear and testify through a subpoena. A witness who is served with a subpoena is legally required to appear. Refusing to comply is contempt of court and can result in arrest and confinement until the witness agrees to testify.

The right to compel witnesses to testify on behalf of the defense is protected by the Sixth Amendment’s compulsory process clause. A defendant who is denied the ability to call a witness who would provide relevant exculpatory testimony may have grounds for reversal of a conviction.

Witnesses retain certain privileges that can override their obligation to testify. The most significant are the Fifth Amendment privilege against self-incrimination, the attorney-client privilege, the spousal testimonial privilege, and the physician-patient privilege. A witness who asserts the Fifth Amendment on the stand must do so question by question, and the jury is instructed not to draw adverse inferences from the assertion.

In cases involving significant witness testimony, whether from eyewitnesses, expert witnesses, or co-defendants, independent investigation and trial preparation before the case goes to trial is what allows the defense to identify vulnerabilities in the prosecution’s witness lineup and prepare effective cross-examination.

Frequently Asked Questions

Can a witness refuse to testify in California?

A witness can assert a privilege, such as the Fifth Amendment or spousal privilege, to decline answering specific questions. Outside of a recognized privilege, a subpoenaed witness cannot simply refuse to testify. Doing so exposes the witness to contempt proceedings. A witness who is also a potential defendant in a related matter should consult their own attorney before testifying.

Can the defense call the same witness as the prosecution?

Yes. A witness called by the prosecution can also be called by the defense, though in practice the defense typically cross-examines prosecution witnesses rather than recalling them as defense witnesses. Calling a prosecution witness in the defense case may be tactically useful when new topics need to be raised that were outside the scope of the original cross-examination.

What makes an eyewitness unreliable in California?

California courts recognize the documented limitations of eyewitness identification. CALCRIM jury instruction 315 lists factors the jury should consider, including the witness’s opportunity to observe, stress during the event, lighting and distance, whether a weapon was present, the time between the event and the identification, and whether the identification procedure was suggestive. Expert witnesses in eyewitness reliability are admissible in California to educate juries on these factors.

Can a character witness hurt the defendant?

Yes. Once a defendant calls a character witness, the prosecution can cross-examine that witness about specific instances of conduct inconsistent with the character trait being offered, and can call rebuttal witnesses. A character witness who is poorly prepared or whose credibility can be attacked may do more harm than good. The decision to call character witnesses is a strategic one that requires careful evaluation of what the prosecution can do in response.

What happens if a witness lies on the stand?

A witness who testifies falsely under oath commits perjury under California Penal Code 118, which is a felony punishable by up to four years in state prison. Prosecutors can also charge subornation of perjury against anyone who induced the false testimony. Perjury prosecutions are relatively rare but do occur, particularly when the false testimony was material to the outcome of the case and the falsity can be proven by documentary or other evidence.

Witness Strategy in Criminal Defense

Who testifies, what they say, and how effectively they are challenged on cross-examination often determines the outcome of a criminal trial more than any other single factor. Identifying the right witnesses to call, preparing them properly, and anticipating the prosecution’s attacks on their credibility requires experienced defense counsel who has prepared the case thoroughly before the first day of trial. Contact Manshoory Law Group for a free case analysis.

Los Angeles Gangs and Their History

Los Angeles is known for its glitz, glamour, and movie stars. However, the city is also known for its gangs. Los Angeles gangs have been a part of the city of angels for decades and remain a significant problem.

What Is Considered Gang Activity?

California has a history of fighting gang violence with tough sentencing laws for close to 30 years. While this goal is laudable, the tough stance the State has on gang violence has led police to associate individuals with these organizations simply based on where they live. In order for a prosecutor to charge a person with a gang-related crime, the group with whom the person is allegedly connected must fit within the state’s definition of a gang. Specifically, a group can be considered a gang if it has three or more members that use a common name or identifying mark, and engage in criminal activity.

Gang activity can take many forms, but it generally involves criminal behavior carried out by a group of people identifying as part of a gang. This criminal behavior can include drug trafficking, robbery, assault, and murder. Gang members often use symbols, hand signs, and colors to identify themselves and show their allegiance to a particular gang.

California has two laws that are commonly used to penalize gang activity under what is known as the STEP Act (California Street Terrorism Enforcement and Prevention Act): participation in a gang and a sentencing enhancement provision for crimes connected to the gang. A discussion of what the prosecutor must prove in order to convict or enhance a sentence related to gang activity will follow below.

Participation in a Gang

People get involved in gangs for many different reasons. Some join gangs to seek a sense of belonging and acceptance, while others are forced into gangs by peer pressure or threats of violence. Gangs can also provide a source of income for some members through illegal activities such as drug trafficking or robbery.

California law says it is a crime to participate in and assist a gang with criminal activity. In order to convict a defendant for this offense, the state must prove the defendant:

• actively participated in the gang (more than passive association, but frequently hanging out with known gang members could satisfy this requirement);
• knew the members were involved in a pattern of criminal activity, which relates to the commission of two or more specified crimes on two or more occasions by two or more people within three years of one another; and
• knowingly assisted, furthered, or promoted felony criminal conduct (directly committed a felony or aided and abetted a felony).

This offense is a wobbler and can be charged as a misdemeanor or felony. The potential sentences range from one year in county jail up to three years in State prison and the imposition of substantial fines.

Sentencing Enhancement for Gang Association

California law has a sentencing enhancement for gang association, which means that if a person is convicted of a crime and is found to be a gang member, their sentence can be increased.

If a defendant is suspected of committing a crime in connection with a gang, the prosecutor can seek to impose a sentence enhancement that would extend the individual’s sentence to varying degrees depending upon the underlying crime. Before the sentencing enhancement may be applied, the prosecutor must first prove the defendant was guilty of the underlying crime, and then prove the following:

• the underlying crime was committed for the benefit of, under the direction of, or in association with a criminal gang; and
• the crime was committed with the intent to further, assist or promote the criminality of the gang.

Note that active membership or participation in the gang at the time of the crime is not required before the sentence enhancement can be applied. As mentioned above, the amount of sentence enhancement depends upon the underlying crime and can range from two years in State prison to a life sentence. Determining how long the additional sentence would be is somewhat complicated. Moreover, it is essential to note that not everyone associated with a gang is involved in criminality, and consulting a criminal defense attorney is advisable to assess the specifics of a particular case.

Understanding Los Angeles Gangs

Los Angeles is home to some of the most notorious gangs in the country, including the Bloods, Crips, and MS-13.

These gangs have been involved in various criminal activities, including drug trafficking, murder, and robbery. Gang members often use graffiti to mark their territory and send messages to rival gangs. This graffiti can be seen on buildings, fences, and other structures throughout the city.

The History of California Gangs

The history of California gangs can be traced back to the early 20th century.

In the 1920s and 1930s, Mexican-American gangs formed in Los Angeles in response to discrimination and poverty. These gangs were often involved in fighting each other and the police.

During the 1940s and 1950s, African-American gangs also began to form in response to discrimination and poverty. These Los Angeles gangs included the Bloods and Crips, which are still active today.

The 1960s and 1970s saw an increase in gang activity in Los Angeles as drug use and violent crime rates rose.

The 1980s and 1990s were marked by high-profile gang-related crimes, including the crack epidemic and the 1992 Los Angeles riots.

In the early 2000s, the FBI launched a crackdown on California gangs, which resulted in the arrest of many high-ranking gang members.

How Do the Police Deal with Gangs in LA Today?

Today, the Los Angeles Police Department (LAPD) has a specialized unit called the Gang and Narcotics Division responsible for investigating and prosecuting gang-related crimes. The LAPD also works closely with federal law enforcement agencies, including the FBI and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), to combat gang activity.

The LAPD also has community programs to prevent young people from joining gangs. These programs provide mentorship, job training, and other resources to help young people stay out of gangs and build a better future for themselves.

California’s Gang Database is another significant aspect of Los Angeles’ gang culture. This repository of information is essential for documenting and tracking the activities of various gangs operating in the region. Law enforcement organizations can benefit from the Calgang Database, which gives them comprehensive profiles of known gang members, their associations, and their criminal history. The database aids in identifying patterns, understanding gang dynamics, and implementing targeted strategies to combat gang-related crime.

List of Top Los Angeles Gangs and Their History

• The Grape Street Watts Crips: The Grape Street Watts Crips are a street gang based in the Watts district of Los Angeles, California. They are a smaller branch of the greater Crips gang and are well-known for their violent crimes, robberies, and drug trafficking.

• The Avenues: The Avenues is a street gang based in Los Angeles’ Highland Park area. They are notorious for their close ties to the Mexican Mafia and are involved in a number of illegal operations, such as the trafficking of illegal drugs, extortion, and murder.

• Armenian Power: Also known as AP-13, Armenian Power is an Armenian-American street gang headquartered predominantly in Southern California. They have engaged in a number of criminal activities, such as racketeering, organized crime, identity theft, and drug trafficking.

• Sureños: The name Sureños, which translates to “Southerners” in Spanish, refers to a group of street gangs that are connected to the Mexican Mafia. Although they are mainly active in Southern California, they also have a sizable presence in other states. The Norteños is a different gang alliance with roots in Northern California, and the Sureños gangs are notorious for their feud with the Norteños gang.

• Wah Ching: Wah Ching is an Asian-American street gang that has its roots in San Francisco and Los Angeles’ Chinatown areas. Wah Ching has engaged in a number of illegal acts, such as the trafficking of illegal drugs, extortion, and organized crime.

• Aryan Brotherhood: A white supremacist prison gang known as the Aryan Brotherhood was founded in the California jail system. They are widely spread across both state and federal prisons in the US. The gang is well-known for its affiliation with organized crime, including drug trafficking, extortion, and brutality, as well as for its white supremacist ideology.

• MS-13: The Mara Salvatrucha, also known as MS-13, is a transnational street gang that started in Los Angeles and has since spread throughout the United States and Central America. The majority of the individuals in this gang are of Salvadoran descent. MS-13 engages in a variety of illegal operations, such as extortion, assault, drug trafficking, and people trafficking.

• The Bloods: A well-known street gang called The Bloods got their start in Los Angeles, California, in the early 1970s. The predominant color of the gang is red, and its members are frequently recognized by their red-colored attire and accessories. The Bloods have increased their territory in different American towns and states. They are fierce rivals with the Crips, another well-known street gang, which has led to constant conflict and violence over territory.

• Florencia 13: Florencia 13 is a Hispanic gang based in the Florence-Firestone area of Los Angeles. The gang has been involved in drug trafficking, robbery, and murder. Florencia 13 is known for using graffiti to mark its territory and its rivalry with other Hispanic gangs in LA.

Speak to a Criminal Defense Attorney

Being associated with gang violence have serious legal consequences. Under California law, a person can be charged with a crime simply for being associated with a gang. This is a sentencing enhancement that can result in a longer prison sentence if the person is convicted of a crime.
If you are facing charges related to gang association, it is vital to contact criminal attorneys with experience handling these types of cases. A criminal defense attorney can help you understand your legal rights and work to build a strong defense on your behalf.

Vehicular Manslaughter in California: What It Is and How It Works

Vehicular manslaughter is the unlawful killing of another person caused by negligent or unlawful driving, defined under California Penal Code Section 192(c). Unlike murder, it does not require any intent to kill. A fatal crash caused by something as ordinary as rolling through a stop sign can lead to criminal charges. Vehicular manslaughter is a “wobbler” offense, which means prosecutors can file it as either a misdemeanor or a felony, and penalties range from probation to as much as 10 years in state prison.

This guide explains how vehicular manslaughter works in California: the legal definition, the three types of charges, what the prosecution must prove, the penalties you could face, and the defenses an experienced Los Angeles manslaughter lawyer can raise on your behalf.

What Is Vehicular Manslaughter Under California Law?

Under Penal Code 192(c), vehicular manslaughter occurs when a driver, while operating a vehicle, commits an unlawful act (not amounting to a felony) or a lawful act in a dangerous manner, and that conduct causes the death of another person. The driver must have acted with either ordinary or gross negligence, but never with intent to kill.

That absence of intent is what separates manslaughter from murder. Manslaughter is a form of homicide committed without “malice aforethought.” It also differs from voluntary and involuntary manslaughter in one key way: vehicular manslaughter always involves the operation of a vehicle. Common real-world examples include a driver who texts behind the wheel and strikes a bicyclist, or a speeding motorist who loses control and kills a passenger.

Is Vehicular Manslaughter the Same as Vehicular Homicide?

Yes, for practical purposes. “Vehicular homicide” is a general term used in many states, while California law specifically uses the term “vehicular manslaughter” under Penal Code 192(c). If the fatal collision involved alcohol or drugs, however, the case is charged under a separate statute, Penal Code 191.5, and the potential penalties increase significantly.

The Three Types of Vehicular Manslaughter in California

Penal Code 192(c) breaks vehicular manslaughter into three distinct offenses, based on the driver’s level of negligence and purpose:

1. Vehicular manslaughter with gross negligence (PC 192(c)(1)). The driver acted with reckless disregard for human life, such as street racing through an intersection or driving 80 mph in a 40 mph zone.
2. Vehicular manslaughter with ordinary negligence (PC 192(c)(2)). The driver was simply careless, for example by briefly glancing at a phone or failing to stop completely at a stop sign, and someone died as a result.
3. Vehicular manslaughter for financial gain (PC 192(c)(3)). The driver intentionally caused a collision to file a fraudulent insurance claim, and the staged crash unintentionally killed someone. This is the most serious form and is always a felony.

Note that fatal crashes involving an intoxicated driver are not charged under this statute. Those cases fall under Penal Code 191.5 as DUI causing death, which carries harsher penalties than any form of PC 192(c) vehicular manslaughter.

Ordinary Negligence vs. Gross Negligence: What’s the Difference?

Ordinary negligence is everyday carelessness, a mistake in judgment or a momentary lapse in attention that a reasonably careful person would not have made. Gross negligence goes much further. A driver acts with gross negligence when they behave so recklessly that they create a high risk of death or great bodily injury, and a reasonable person would have known that acting that way creates such a risk.

The distinction matters enormously. Ordinary negligence caps the charge at a misdemeanor, while gross negligence opens the door to a felony filing and state prison. Rolling through a stop sign is ordinary negligence; weaving through traffic at twice the speed limit is gross negligence. Much of the fight in a vehicular manslaughter case happens along this line.

What Must the Prosecutor Prove? (Elements of the Crime)

To convict a driver of vehicular manslaughter, the prosecution must prove every one of the following elements beyond a reasonable doubt:

1. While driving a vehicle, the defendant committed a misdemeanor or an infraction, or performed an otherwise lawful act in a manner that could cause death;
2. That act was dangerous to human life under the circumstances;
3. The defendant acted with ordinary negligence (for PC 192(c)(2)) or gross negligence (for PC 192(c)(1)); and
4. The negligent conduct caused the death of another person.

Causation is often the most contested element. It is not enough that an accident would not have happened “but for” the defendant driving that day. The prosecution must show the defendant’s conduct was the proximate cause of death, meaning the death was the natural and probable result of the negligent act. Where another driver’s conduct, a pedestrian’s own actions, road conditions, or a mechanical failure contributed to the fatality, the causal chain can break, and with it, the prosecution’s case.

Is Vehicular Manslaughter a Felony or a Misdemeanor?

Vehicular manslaughter can be either, because it is a “wobbler” under California law. Ordinary negligence vehicular manslaughter under PC 192(c)(2) is always a misdemeanor. Gross negligence vehicular manslaughter under PC 192(c)(1) can be filed as a misdemeanor or a felony at the prosecutor’s discretion, and vehicular manslaughter for financial gain is always a felony.

When deciding how to charge a wobbler, prosecutors typically weigh the degree of recklessness involved, the defendant’s criminal record and driving history, whether the driver fled the scene, and the overall circumstances of the crash. Early intervention by a defense attorney, before charges are formally filed, can sometimes influence that decision in the driver’s favor.

Penalties and Sentencing for Vehicular Manslaughter in California

The penalties for vehicular manslaughter depend on which subsection of Penal Code 192(c) is charged and whether the offense is filed as a misdemeanor or a felony:

Several additional consequences can attach to a conviction. If the driver fled the scene after the collision, Vehicle Code 20001(c) adds a five-year sentencing enhancement. Courts also routinely order victim restitution, and a felony conviction carries collateral consequences such as the loss of firearm rights and lasting damage to employment and professional licensing prospects.

Will I Lose My Driver’s License?

Yes, in most felony cases. The DMV will revoke your driver’s license following a conviction for gross vehicular manslaughter, with revocation lasting three years in many cases. Driving on a revoked license during that period is itself a crime. For misdemeanor convictions, suspension is possible depending on the facts of the case and your driving record.

Common Defenses Against Vehicular Manslaughter Charges

A fatal accident is not automatically a crime, and an aggressive defense can mean the difference between a felony conviction, a reduced charge, or a dismissal. Depending on the facts, a vehicular manslaughter attorney may raise defenses including:

• You were not negligent. Accidents happen even when everyone drives carefully. If your conduct did not fall below the standard of a reasonably careful driver, there is no manslaughter.
• Your negligence was not gross negligence. Reducing a gross negligence allegation to ordinary negligence takes a felony off the table entirely.
• Your conduct did not cause the death. Accident reconstruction experts can show that another vehicle, the victim’s own actions, or road and weather conditions were the true cause of the fatality.
• You faced a sudden emergency. California law only requires drivers to act reasonably under the circumstances. Swerving to avoid a child or an oncoming car is not criminal negligence, even if the maneuver ends tragically.
• You were not the driver. In some multi-occupant crashes, the prosecution cannot prove beyond a reasonable doubt who was behind the wheel.

Vehicular Manslaughter vs. DUI Manslaughter vs. Watson Murder

California treats fatal crashes very differently depending on whether alcohol or drugs were involved. Standard vehicular manslaughter under PC 192(c) applies to sober drivers. When the driver was intoxicated, prosecutors charge Penal Code 191.5: either gross vehicular manslaughter while intoxicated, which carries 4, 6, or 10 years in prison, or vehicular manslaughter while intoxicated with ordinary negligence. You can read more about how these cases work in our guide to DUI resulting in death.

In the most serious cases, a fatal DUI can be charged as second-degree murder under the “Watson rule.” This typically applies to repeat DUI offenders who were previously warned, through a formal Watson advice, that impaired driving can kill. Because a Watson case is filed under California’s murder statute, it carries 15 years to life in prison, which is why the line between manslaughter and murder is often the single most important battleground in a fatal collision case.

Frequently Asked Questions About Vehicular Manslaughter

How Many Years Do You Get for Vehicular Manslaughter in California?

A misdemeanor conviction carries up to one year in county jail. Felony vehicular manslaughter with gross negligence carries 2, 4, or 6 years in state prison, and vehicular manslaughter for financial gain carries 4, 6, or 10 years. Probation without jail time is also possible in many misdemeanor and some felony cases.

Can Vehicular Manslaughter Charges Be Dropped or Reduced?

Yes. Prosecutors frequently reduce felony charges to misdemeanors when the defense shows the driver’s conduct amounted to ordinary rather than gross negligence, and charges can be dismissed entirely when causation or negligence cannot be proven. The earlier a defense attorney gets involved, the more opportunities exist to challenge the evidence.

Is Vehicular Manslaughter a Strike in California?

Vehicular manslaughter under PC 192(c) is generally not a strike under California’s Three Strikes law. However, gross vehicular manslaughter while intoxicated under PC 191.5(a) is a serious felony that counts as a strike, and any manslaughter charge involving great bodily injury allegations can carry strike consequences. An attorney should evaluate the specific charges in your case.

Can I Be Charged If My Passenger Died?

Yes. Vehicular manslaughter applies to the death of any person caused by your negligent driving, including a passenger in your own vehicle, an occupant of another car, a motorcyclist, a bicyclist, or a pedestrian.

What’s the Difference Between Vehicular Manslaughter and Involuntary Manslaughter?

Both are unintentional killings, but vehicular manslaughter always involves the operation of a vehicle and is charged under its own statute, PC 192(c). Involuntary manslaughter under PC 192(b) covers unintentional killings that occur in other contexts. In fact, the statute expressly excludes acts committed while driving a vehicle.

Charged With Vehicular Manslaughter in Los Angeles? We Can Help

The line between a misdemeanor, a felony, and even a murder charge often comes down to how negligence and causation are argued, and those arguments begin long before trial. The criminal defense team at Manshoory Law Group has decades of combined experience defending vehicular manslaughter, DUI, and homicide cases throughout Southern California.

If you or a loved one is under investigation or has been charged, contact Manshoory Law Group 24/7 for a free consultation. The sooner we begin building your defense, the better your chances of protecting your record, your license, and your freedom.

What to Do If You Are Accused of Swatting in California

Swatting, the practice of making a false emergency call designed to trigger a heavily armed law enforcement response at someone’s home, school, or business, has become one of the most aggressively prosecuted forms of online harassment in the United States. What may have started as an online prank between gamers or streamers a decade ago has resulted in deaths, multi-decade federal prison sentences, and a wave of new state laws across the country, including in California.

If you or a family member has been accused of swatting, the stakes are enormous. Even a “successful” hoax that didn’t physically hurt anyone can carry years in prison, restitution orders that can reach into the tens of thousands of dollars, and federal charges if the call crossed state lines or used the internet. If someone was injured or killed in the police response, the exposure can extend to life imprisonment.

Talk to a Los Angeles criminal defense attorney before you say anything else to investigators. Swatting cases move quickly, often involve federal agencies alongside local police, and require specialized defense strategy from the very first contact.

What Is Swatting?

Swatting is the act of making a false report to emergency services, usually 911, describing an in-progress violent crime at a specific location. The reports almost always involve scenarios that demand the most aggressive possible response: an active shooter, a hostage situation, a bomb threat, a murder in progress. The goal is to provoke a SWAT team or other tactical response unit to descend on the target’s home, school, or workplace.

The danger is not theoretical. SWAT teams arrive expecting to encounter armed and dangerous suspects. They breach doors, deploy flash-bang grenades, point loaded weapons at occupants, and sometimes fire. People have died in these responses, including a Wichita, Kansas man whose death in 2017 led to a 20-year federal prison sentence for the California man who initiated the hoax call. More recently, an 18-year-old from California was sentenced to four years in federal prison in 2025 for a nationwide swatting campaign that targeted schools, places of worship, and government buildings, according to the FBI’s official statement on swatting.

Both California and federal law take these cases extremely seriously, and prosecutors routinely seek maximum sentences.

California Swatting Law: What the State Can Charge

Base offense. A standard false report of an emergency is a misdemeanor punishable by up to one year in county jail and a fine of up to $1,000.

Wobbler when injury results. If the false report results in great bodily injury to anyone, the crime becomes a wobbler that can be charged as either a misdemeanor or a felony, with a felony conviction carrying up to three years in state prison.

Felony when death results. If the false report causes someone’s death, the offense is a straight felony with a potential state prison sentence of up to three years, plus additional manslaughter or murder charges depending on the circumstances.

Mandatory restitution to responding agencies. Under California law, anyone convicted of falsely reporting an emergency that triggered a response can be ordered to pay the full reasonable costs of that response to the public agency. There is no statutory cap on this restitution. The mobilization of a SWAT team, patrol cars, fire apparatus, and ambulances easily costs tens of thousands of dollars, and judges routinely order full reimbursement.

Related charges. California prosecutors typically stack additional counts when the facts support them, including:

• Misusing 911 to harass or annoy (a separate misdemeanor)
• Making criminal threats when the call targets a specific person
• Conspiracy when more than one person was involved in planning the call
• Manslaughter or murder when the response results in someone’s death

Expanded scope under SB 19 (introduced 2025). California lawmakers have introduced legislation to close a gap in existing law: under the original statute, the false report generally had to threaten specific people in order to trigger prosecution. SB 19 would extend prosecution to false reports of mass violence at schools, hospitals, and houses of worship even when no specific person is named. Defense lawyers handling current cases should be alert to whether this expanded framework applies.

Federal Swatting Law: When the Case Goes to Federal Court

Contrary to a common misconception, federal law absolutely does prosecute swatting, and federal sentences are typically much higher than state-level outcomes. The most commonly charged federal statute is the federal false information and hoaxes statute, which criminalizes false reports designed to make others believe a violent crime is in progress.

Base federal offense. Up to 5 years in federal prison.

If serious bodily injury results. Up to 20 years in federal prison.

If death results. Up to life imprisonment in federal prison.

These are not theoretical maximums. The 2019 sentencing of Tyler Barriss, the California man whose hoax call to Wichita police led to the death of a 28-year-old man, resulted in 20 years in federal prison for that single case. He pleaded guilty to 51 charges in total stemming from swatting calls across multiple states.

Other federal statutes commonly charged alongside swatting:

• Interstate communications threats (when the call crossed state lines or used the internet)
• Conspiracy
• Wire fraud (when financial gain or extortion was involved)
• Cyberstalking (under federal stalking laws)

Mandatory federal restitution. Federal law requires courts to order restitution to victims of these offenses. That covers medical costs, lost income, property damage, therapy expenses, and even costs incurred from participating in the investigation. Federal restitution orders cannot be discharged in bankruptcy and follow the defendant for life.

Why Swatting Cases Are Treated So Harshly

• Predictable risk of death. Courts have consistently held that anyone who initiates a SWAT response by false report is on notice that the response could result in serious injury or death. This makes manslaughter and even murder charges plausible when the worst happens.
• High public attention. Swatting cases attract significant media coverage, especially when victims include children, public figures, or vulnerable communities. Prosecutors face strong political pressure to seek maximum penalties.
• Federal-state cooperation. Swatting cases almost always involve electronic communications that cross state lines, which means the FBI and federal prosecutors can get involved alongside local authorities. Parallel prosecutions and superseding indictments are common.
• Easier evidence trail than most internet crimes. Despite the use of VPNs, voice-changing software, and spoofed phone numbers, federal investigators have become very effective at tracing swatting calls back to their source. Forensic phone records, network logs, account metadata, and online chatter often identify the caller within days.

Common Defenses to Swatting Charges

Despite the harsh consequences, several defenses are available depending on the facts. Swatting cases are far more defensible than prosecutors often acknowledge, especially in the early stages of an investigation. The digital evidence that prosecutors rely on, including IP addresses, account credentials, and phone metadata, is frequently less conclusive than it first appears. A skilled defense attorney can challenge the prosecution’s proof on multiple fronts, often before charges are even filed.

Mistake of fact (good faith report)

This is the most important defense in any false reporting case. If you genuinely believed an emergency was occurring, even if you were wrong, you did not “knowingly” make a false report and cannot be convicted. People misinterpret loud sounds, suspicious behavior, or fragments of conversations all the time. Good faith reports do not become crimes just because they turn out to be inaccurate.

Lack of intent

Swatting requires intent to report something the defendant knew to be false. If the prosecution can’t prove that knowing falsity, the charge fails. Confused, intoxicated, or mentally impaired callers may have a viable defense on this element.

Mistaken identity

Swatting investigations often rely on IP addresses, VPN exit nodes, voice-changer accounts, and shared devices that can be spoofed, compromised, or shared among multiple users. If the prosecution cannot tie the call specifically to the defendant, the case may collapse. Account credentials are routinely stolen, traded, and used by people other than the registered owner.

Coerced or duped caller

Some swatting cases involve people who were tricked into making the call, paid by someone else to do it without understanding the consequences, or who were minors manipulated by older participants in an online group.

Unlawful search or seizure

Federal and state investigations into swatting almost always involve searches of phones, computers, gaming accounts, and cloud storage. If law enforcement obtained the evidence without a proper warrant or in violation of the Fourth Amendment, that evidence can be suppressed and the case can fall apart. See our guide on California’s cyberstalking and online harassment laws for more on how digital evidence is challenged in these cases.

First Amendment defense (limited)

Pure speech is generally protected, but reports designed to trigger a violent law enforcement response have been consistently treated by courts as outside the First Amendment’s protection. This defense rarely succeeds in swatting cases, but elements of it can sometimes apply when the speech is ambiguous or political.

What to Do If You’re Accused or Investigated

1. Do not talk to investigators. This is non-negotiable. Federal agents are highly skilled at eliciting incriminating statements during what feel like casual conversations. Politely decline: “I want to speak with my attorney before answering any questions.”
2. Do not delete or destroy evidence. Wiping a phone, clearing chat history, deleting accounts, or destroying devices can lead to obstruction of justice charges that are sometimes more severe than the underlying swatting charge.
3. Do not contact the alleged victim, other suspects, or witnesses. Any communication can become evidence of consciousness of guilt or witness tampering.
4. Document anything that supports your version of events. If your account was compromised, your devices were shared, or someone else used your network, preserve that evidence immediately.
5. Hire a defense attorney experienced in federal cases. Swatting cases often involve federal jurisdiction, and not every criminal defense lawyer has federal court experience. Choose accordingly.

Frequently Asked Questions

Is swatting a felony in California?

It depends on the outcome. A basic false emergency report is a misdemeanor punishable by up to one year in county jail. If the false report causes great bodily injury, it becomes a wobbler that can be charged as a felony with up to three years in state prison. If the report causes someone’s death, it’s a felony, and additional manslaughter or murder charges typically follow.

Can I be charged in federal court for swatting?

Yes. Federal law specifically criminalizes false information and hoaxes, with penalties of up to 5 years for the base offense, up to 20 years if serious bodily injury results, and up to life in prison if death results. Most swatting cases cross state lines or use the internet, which makes federal jurisdiction almost automatic.

Will I have to pay back the police for the response?

Yes, in most cases. California law allows courts to order swatters to reimburse public agencies for the full reasonable costs of the emergency response. There is no statutory cap. A SWAT team mobilization typically costs tens of thousands of dollars, and judges routinely order full restitution on top of any criminal fines.

What is the best defense to a swatting charge?

The strongest defense in most cases is mistake of fact: that you genuinely believed an emergency was occurring even if you were wrong. The prosecution must prove that you knowingly made a false report. Other defenses include lack of intent, mistaken identity (your account, IP, or device was used by someone else), and unlawful search of your devices.

Can a minor be charged with swatting?

Yes. Minors can face state juvenile charges and, in some cases, federal charges that are transferred from juvenile to adult court depending on the severity. Several high-profile federal swatting prosecutions in 2025 involved 18-year-old defendants sentenced to multi-year federal prison terms. Anyone under 18 facing swatting allegations needs an attorney experienced in both juvenile and federal practice.

Talk to a Los Angeles Criminal Defense Attorney Today

Swatting prosecutions are among the most aggressively pursued cases in California right now. Federal and state agencies have invested significant resources into identifying, charging, and convicting people who make false emergency calls, and judges have been imposing increasingly harsh sentences in response to the well-publicized harm these calls cause. For defendants, that means the timeline is short, the exposure is high, and the difference between a manageable outcome and a multi-year prison sentence often comes down to the quality of the defense from day one.

The criminal defense attorneys at Manshoory Law Group focus exclusively on criminal defense and handle both state and federal cases throughout California. We know how investigators build these cases, where the digital evidence tends to be weakest, and how to challenge unlawful searches, mistaken-identity issues, and overcharging at every stage.

Consultations are free, and we’re available 24/7. Flexible payment plans are available.

Call 877-977-7750 today or contact us online to discuss your case.

What to Do If You’re Charged With a Computer Crime or Internet Fraud?

Computer crime charges sound like something out of a movie, but they apply to a much wider range of conduct than most people realize. Logging into an ex-partner’s email. Using a coworker’s password to pull up a file. Sharing a streaming service login that violates the terms of service. Running a vulnerability scan on a website without permission. Sending a phishing-style message as a “prank.” In 2026, all of these can trigger criminal charges under either California law, federal law, or both.

The stakes are high. A federal Computer Fraud and Abuse Act (CFAA) conviction can carry up to 10 years for a first offense and 20 years for repeat or aggravated conduct. A California Penal Code § 502 conviction can mean up to 3 years in state prison plus civil liability to the victim. Both laws are written broadly enough that prosecutors can charge conduct most people wouldn’t think twice about.

If you’ve been contacted by the FBI, the U.S. Secret Service, a state agency, or local law enforcement about a computer or internet-related matter, talk to a Los Angeles criminal defense attorney before saying a word. Computer crime cases are evidence-heavy and timeline-sensitive, and early intervention can change the outcome significantly.

The Federal Law: The Computer Fraud and Abuse Act (CFAA)

The primary federal computer crime law is 18 U.S.C. § 1030 (the Computer Fraud and Abuse Act). Originally passed in 1986 to address hacking of government and bank computers, the CFAA has been amended repeatedly and now reaches essentially any computer connected to the internet.

The CFAA prohibits seven main categories of conduct involving “protected computers” (a term that, in practice, covers almost any computer connected to the internet):

1. Obtaining national security information (§ 1030(a)(1)) Knowingly accessing a computer without authorization and obtaining national defense or foreign relations information. Up to 10 years for a first offense.

2. Accessing a computer to obtain information (§ 1030(a)(2)) Intentionally accessing a computer without authorization or exceeding authorized access to obtain information. This is the most common charge and the broadest. Up to 1 year (misdemeanor), or up to 5 years (felony) if done for commercial advantage, financial gain, or with damages over $5,000.

3. Trespassing on a government computer (§ 1030(a)(3)) Up to 1 year for a first offense.

4. Accessing a computer to commit fraud (§ 1030(a)(4)) Knowingly accessing a protected computer with intent to defraud, where the conduct furthers the fraud and yields anything of value over $5,000. Up to 5 years for a first offense.

5. Damaging a computer (§ 1030(a)(5)) Knowingly causing damage, including transmitting code, programs, or commands. This is how ransomware and malware cases are typically charged. Up to 10 years for a first offense, with enhancements up to 20 years for repeat offenders or aggravated harm.

6. Trafficking in passwords (§ 1030(a)(6)) Up to 1 year for a first offense.

7. Threatening to damage a computer (§ 1030(a)(7)) Extortion-type threats involving computers. Up to 5 years.

Van Buren v. United States: A Critical Defense

In Van Buren v. United States (2021), the U.S. Supreme Court significantly narrowed the CFAA. A police officer named Nathan Van Buren had accepted money to look up a license plate in a law enforcement database he was authorized to use. He was charged under § 1030(a)(2) for “exceeding authorized access.”

The Supreme Court reversed the conviction and held that a person does not “exceed authorized access” merely by using legitimately accessible data for an improper purpose. The CFAA now reaches only conduct where someone accesses files, folders, databases, or areas of a system that are off-limits to them.

This is a major defense in many CFAA cases. If you had legitimate credentials and accessed data you were allowed to see, even if you misused it, the CFAA generally doesn’t apply. Other laws (such as state computer crime statutes, wire fraud, or breach of contract) may still apply, but the federal hammer is much weaker than it used to be.

DOJ’s 2022 Good-Faith Security Research Policy

In May 2022, the U.S. Department of Justice issued a charging policy that protects good-faith security research from CFAA prosecution. Good-faith research means accessing a computer solely to test, investigate, or fix a security flaw, in a manner designed to avoid harm, with findings used to improve security.

This policy doesn’t change the statute, but it provides important guidance for security researchers and penetration testers who previously faced uncertainty under the broad CFAA language.

California Penal Code § 502: The State Computer Crime Law

California has its own computer crime statute, the Comprehensive Computer Data Access and Fraud Act, codified at California Penal Code § 502. It’s one of the broadest state cybercrime laws in the country and overlaps substantially with the federal CFAA.

PC § 502(c) prohibits 14 different categories of conduct, including:

• Knowingly accessing and altering, damaging, or destroying data on a computer without permission
• Knowingly accessing a computer to wrongfully obtain money, property, or data
• Knowingly accessing a computer without permission (even without causing damage)
• Disrupting or causing the disruption of computer services
• Introducing a virus, worm, or other contaminant
• Knowingly providing the means of accessing a computer in violation of the statute
• Using internet domains in a manner that violates the statute
• Trafficking in another person’s electronic account or credentials

Penalties under PC § 502 vary based on the subsection and the amount of damage:

• Infraction: First offenses with no injury and minimal access can be charged as an infraction with a fine up to $1,000.
• Misdemeanor: Up to 1 year in county jail and a fine up to $5,000 (most subsections).
• Felony (wobbler): When damages exceed $5,000 or for certain aggravated conduct, the offense can be filed as a felony, punishable by 16 months, 2 years, or 3 years in county jail and a fine up to $10,000.

PC § 502 also creates civil liability. The victim can sue you separately for compensatory damages, attorney’s fees, and in some cases punitive damages. This is significant: even if your criminal case resolves favorably, you can still face a civil lawsuit over the same conduct.

Related Charges Commonly Stacked With Computer Crimes

Computer crime charges rarely come alone. Prosecutors typically file multiple counts under different statutes covering the same conduct.

Wire fraud (18 U.S.C. § 1343) is the federal go-to charge for any fraudulent scheme using electronic communications, including email, websites, and phone systems. The penalty is up to 20 years in federal prison for each count (up to 30 years if a financial institution is involved).

Identity theft (18 U.S.C. § 1028 and California PC § 530.5). Using someone else’s identifying information for fraud is a separate crime. Federal aggravated identity theft (18 U.S.C. § 1028A) carries a mandatory 2-year consecutive sentence on top of the underlying fraud conviction.

Mail fraud (18 U.S.C. § 1341). The original federal fraud statute, often charged alongside wire fraud when the conduct involves both electronic and physical mail.

Access device fraud (18 U.S.C. § 1029). Trafficking in stolen credit card numbers, account credentials, or similar “access devices.” Up to 15 years for first offenses.

California identity theft (PC § 530.5). A wobbler punishable by up to 1 year in county jail (misdemeanor) or up to 3 years in state prison (felony).

Phishing (no single statute). Phishing is typically charged as a combination of wire fraud, identity theft, and CFAA violations, depending on the specifics.

Ransomware. Charged under CFAA § 1030(a)(5), often combined with wire fraud and extortion (18 U.S.C. § 1951).

A single set of facts can easily produce 5 to 15 felony counts across federal and state law. Plea negotiation typically focuses on which counts the government will dismiss in exchange for a guilty plea on others.

Conduct That Has Resulted in Federal or California Charges

People are often surprised at how broadly these laws are applied. Real examples of conduct that has led to prosecution:

• Using a former employee’s still-active credentials to access a company database
• Logging into an ex-partner’s email or social media accounts to monitor them
• Sharing or trafficking streaming service or software credentials at scale
• Sending phishing emails or fake invoices
• Building a website that impersonates a legitimate business
• Running a credential-stuffing attack against a website
• Selling access to unauthorized streaming services
• Modifying school grades through unauthorized access to a school system
• Conducting “penetration testing” on a system without explicit authorization
• Operating cryptocurrency or NFT-related scams
• Using AI tools to generate fraudulent documents or impersonate identities
• Engaging in business email compromise (BEC) schemes
• Running romance scams from dating apps
• Scraping data from websites in ways that violate technical access barriers

The line between aggressive but legal conduct and a federal felony often comes down to whether you had authorization to access the system, what you did with the access, and the amount of harm caused.

Defenses in Computer Crime Cases

Computer crime cases are technical, evidence-heavy, and full of defenses that don’t exist in other criminal cases.

You had authorization. Permission can be express or implied. If you reasonably believed you had authority to access the system, that defense can defeat the intent element. Van Buren made this defense more powerful by holding that misusing legitimately accessible data isn’t a CFAA violation.

Lack of intent. Both the CFAA and PC § 502 require knowing or intentional conduct. Accidental access, automated system errors, and confusion about credentials can all defeat the intent element.

Mistaken identity or spoofing. Computer crime evidence often relies on IP addresses, device fingerprints, and account access logs, all of which can be spoofed, shared, or compromised. If your IP was used by someone else (compromised router, VPN exit node, shared Wi-Fi, malware), the case may not be provable.

Constitutional violations. Many computer crime investigations involve searches of phones, computers, cloud accounts, or email. If law enforcement obtained that evidence without a proper warrant or in violation of the Fourth Amendment, your attorney can move to suppress. See our guide on when police can search your phone for more.

Good-faith security research. Under the DOJ’s 2022 policy, security researchers acting in good faith are generally protected from federal CFAA prosecution.

No protected computer. The CFAA only reaches “protected computers.” While the definition is broad, certain isolated systems may not qualify.

No actual damages. Many CFAA and PC § 502 enhancements require a specific dollar threshold of damages. Challenging the prosecution’s damage calculation can knock charges down to misdemeanors or infractions.

What to Do If You’re Being Investigated

Computer crime investigations are typically lengthy. By the time you learn you’re a target, the government often has substantial digital evidence already. The key actions:

1. Do not talk to investigators. FBI, Secret Service, and IRS agents are not on your side. Politely decline to be interviewed. “I want to speak with my attorney first.”
2. Do not delete anything. Spoliation of evidence is a separate federal crime under 18 U.S.C. § 1519 (up to 20 years). Preserve all data.
3. Do not log into the accounts in question. Continuing to access systems you’re already accused of accessing improperly can add new charges.
4. Hire a defense attorney immediately. Computer crime cases require specialized knowledge. Early counsel can sometimes prevent charges from being filed.
5. Preserve exculpatory evidence. Document any authorization you had, any communications about access, and any context that supports your version of events.
6. Do not contact alleged victims. Especially in cases involving an ex-partner, former employer, or business dispute. Contact can lead to additional charges.

If you’ve already been arrested or charged, the same principles apply, only more urgently. For a complete walkthrough of related online offenses, see our guide to California cyberstalking and online harassment laws, which covers many of the same procedural issues.

Frequently Asked Questions

Is it a federal or California crime to access someone else’s email without permission?

Both. Under federal law, it can be charged under the Computer Fraud and Abuse Act (18 U.S.C. § 1030(a)(2)) for accessing protected computer data without authorization, and possibly the Stored Communications Act (18 U.S.C. § 2701) for accessing electronic communications in storage. Under California law, it can be charged under Penal Code § 502(c). Prosecutors choose which jurisdiction takes the lead based on the facts and the strength of the evidence.

What is “exceeding authorized access” under the CFAA?

Since the Supreme Court’s decision in Van Buren v. United States (2021), “exceeding authorized access” means accessing files, folders, or areas of a computer system that you weren’t permitted to enter. It does not mean using legitimately accessible information for an improper purpose. This is one of the most significant CFAA defenses available today, and it has narrowed the reach of federal computer crime prosecutions considerably.

What are the penalties for federal computer fraud?

Penalties vary by subsection. Most CFAA offenses carry up to 1 year for a misdemeanor or 5 to 10 years for a felony first offense. Repeat offenders, damage offenses, and aggravated conduct can carry up to 20 years. Federal sentencing guidelines also factor in the amount of loss, the sophistication of the conduct, and the number of victims. State penalties under California PC § 502 range from a $1,000 infraction fine to 3 years in state prison for serious felony cases.

Can I be charged in both federal and California court for the same computer crime?

Yes. The federal and state systems are separate sovereigns, and double jeopardy generally doesn’t prevent both from prosecuting. In practice, prosecutors usually coordinate so one jurisdiction takes the lead, but parallel prosecutions do happen, especially when the conduct crosses state lines or involves federally regulated systems like banks or government agencies.

What should I do if the FBI contacts me about a computer crime investigation?

Do not talk to them, even casually. Politely say: “I want to speak with my attorney before answering any questions.” Federal investigators are trained to elicit incriminating statements during seemingly friendly conversations. Anything you say can and will be used to build the case against you. Call a criminal defense attorney immediately, ideally one with federal court experience, before any further contact.

Talk to a Los Angeles Criminal Defense Attorney Today

Computer crime and internet fraud cases are among the most complex prosecutions in the criminal justice system. They involve digital forensics, parallel state and federal jurisdiction, technical statutory language, evolving Supreme Court precedent, and victims who may also be pursuing civil litigation. The right defense strategy depends on the specific facts, the statutes charged, and how the evidence was collected.

The criminal defense attorneys at Manshoory Law Group handle both state and federal criminal cases throughout California, including computer crimes, identity theft, fraud, and related cybercrime charges. We know how prosecutors build these cases, where the digital evidence tends to be weakest, and how to push back at every stage from pre-filing through trial.

The FBI’s Internet Crime Complaint Center (IC3) reports record numbers of internet crime complaints year over year, and federal prosecutors are responding with more aggressive charging decisions than ever before. Early defense intervention matters.

Consultations are free, and we’re available 24/7. Flexible payment plans are available.

Call 877-977-7750 today or contact us online to speak with an attorney.

How Long Does the Prosecutor Have to File Criminal Charges?

Merely being suspected of committing a crime, regardless of whether a defendant is charged, is an extremely nerve-racking experience. Initially, dealing with law enforcement, which is structured to be an intimidating situation, can tend to make even the toughest cringe in fear. In some cases, once this procedure is over, there may be a waiting period while the prosecutor reviews the evidence to determine whether to file charges. Retaining the services of an attorney experienced in criminal defense can be crucial not only to ensure that the accused has an effective defense but also to ensure that the prosecutor does not violate the applicable statute of limitation.

A Texas man, arrested on a narcotics charge in 2012, was matched with DNA evidence linking him to multiple homicides nationwide and covering the years from 1970-2005. In the end, the man, who confessed to the Texas Rangers of committing nearly 90 murders, could very well be this country’s most prolific serial killer. A discussion of the statutes of limitation, generally, as well as the different time limits in California’s criminal code, will follow below.

What is the Process for a Prosecutor to Charge You With a Crime

You might worry or wonder about what happens next if you’re accused or suspected of a crime. Specifically, a lot of suspects wonder how long does it take to press charges on someone and how long does the DA have to file charges? In this guide, we’ll answer the key questions you need to know, including how long does the district attorney have to file charges? We’ll look through the various stages of the process for filing charges and see how and why a prosecutor might decide not to press or proceed with criminal charges.

Arrest and Police Report

Of course, the first stage in most criminal situations is an arrest. Not all crimes will involve an arrest – for example, getting a parking ticket doesn’t usually lead to any kind of arrest report – but many serious crimes will involve the arrest of a suspect by the police.

After arresting a suspect, law enforcement will move on to filing a police report. This report describes the cause of the arrest and the details surrounding it, like any witnesses, the nature of the crime, the location, and so on.

The police report is one of the main resources that the prosecutor will use to determine whether to file charges, not pursue any charges, or refer the case to a Grand Jury and ask for their guidance on the next steps.

Deciding to Prosecute

In the US justice system, simply being arrested does not automatically mean you’ll have charges filed against you. It’s all up to the prosecutor, or DA, and they have to take several factors into account, including:

• Use of Resources – There are limited resources available to handle cases, and it’s simply not feasible to file charges against everyone. The prosecutor has to decide which cases are a good use of the resources they have.
• Policies – Each prosecutor usually has a set of policies regarding which crimes they tend to file charges for and which ones they’re more lenient towards.
• Beliefs – The prosecutor’s own beliefs and subjective opinions on the concepts of justice and order can also come into account. They might have very strongly-held beliefs about specific kinds of crime, for example.

So, how long does it take to press charges on someone? In general, if a prosecutor decides to go ahead with criminal charges, they’ll make the decision within just a few days, well within the statute of limitations.

Grand Jury Indictment

We’ve looked at how long it takes to press charges on someone, but in some cases, the DA might decide not to press charges right away and instead go to a Grand Jury. The Grand Jury then decides if charges should be filed, based on the evidence presented by the prosecutor.

Preliminary Hearing

In some cases, a judge can organize a preliminary hearing in which they listen to evidence from the prosecutor and make the final call about whether or not there is sufficient evidence to proceed to a full trial. How long does the DA have to file charges for a preliminary hearing? Again, it’s usually just a matter of days.

Criminal Charges

If you’re facing criminal charges of any kind, you might have many other questions to ask, as well as wanting to know how long the district attorney has to file charges. A criminal defense attorney can help, and it’s recommended to contact a trusted attorney as soon as possible to get the best level of protection and support.

Statutes of Limitation

Although criminal cases follow a typical routine, there is a specific time period within which charges can be filed against an individual. This time period is set forth in a statute of limitation. Generally, statutes of limitations are laws that set the maximum time after an event within which legal proceedings may be initiated. In a criminal matter, when the statute of limitations has expired, the courts no longer have jurisdiction.

The purpose of statutes of limitations is to protect defendants. As time passes, defendants may lose evidence or not be able to support his/her defense. Additionally, as alluded to above, litigation of a long-dormant criminal charge may result in more cruelty than justice.

California’s Statutes of Limitations

Statutes of Limitations in California criminal matters tend to follow the severity of the penalty for the crime, specifically, the general limits on filing criminal charges are:

• Felonies punishable by imprisonment for eight years or more – six years after commissioning of the crime;
• Other felonies– three years; and
• Misdemeanors – one year.

Crimes that are wobblers, meaning they can be charged as either a misdemeanor or a felony, are subject to the time period in the statute of limitation for the crime the prosecution chooses. Thus, a wobbler charged as a misdemeanor is subject to the one-year statute of limitation, while one set as a felony would be either three or six years, as appropriate.

There are two exceptions to the above time periods. First, crimes punishable by death or life in prison (regardless of the possibility of parole), or the embezzlement of public funds, may be brought at any time. Thus, as an example, there is no statute of limitation for homicide. Second, with regard to certain crimes of a sexual nature (i.e., rape, sodomy, etc.), charges may be brought within one year of the establishment of the identity of a suspect by DNA testing, regardless of the date the crime was actually committed. Thus, in these instances, the statute of limitations begins after DNA testing has been completed and a suspect identified, and not when the crime occurred.

Speak to a Criminal Defense Attorney

If you have been charged with a crime, or suspect that you may be charged with a crime, contact the criminal defense attorneys at Manshoory Law Group, as soon as possible. The attorneys understand the situation you are facing and can help you navigate the criminal system. We will work to ensure your rights are not infringed, or, if so, to have the charges against you dismissed. Attorneys are available 24/7 to take your call. Contact our Los Angeles criminal defense firm today for an initial consultation.