A sexual battery charge may be filed as a misdemeanor or a felony! CA Penal Code 243.4 defines sexual battery (sexual assault) as touching the intimate parts of another person, against the person’s will, for the purposes of sexual gratification, sexual arousal, or sexual abuse Penalties: A misdemeanor sexual battery conviction carries a maximum county jail sentence of either 6 months or one (1) year, depending on…

What is a domestic violence or domestic battery charge in California? Domestic violence, also known as a spousal battery or corporate injury to a cohabitant, is abuse or threats of harm to a person with whom the abuser is or has been in an intimate relationship (married or domestic partners, are dating or used to date, life or lived together,…

Health & Safety Code 11377(a) is the California statute that makes it illegal to possess any of many types of narcotics, including methamphetamine. In most situations, simple possession for personal use is charged as a misdemeanor punishable by a maximum sentence of one year in jail and a fine of up to $1000.00. Since 2014, the fine has been drastically reduced. Defenses: you had a valid prescription for…

What is a public intoxication charge? PC 647f (Public Intoxication or Drunk in Public) states; every person who commits any of the following act(s) is guilty of disorderly conduct, a misdemeanor: Any person who is found in any public place under the influence of intoxicating liquor, any drug (legal or illegal), controlled substance, toluene, or any combination of any intoxicating…

California Petty Theft; Penal Code (PC) 488 Petty theft in California is the crime of larceny if the accused takes possession of someone else’s property without that person’s permission and takes the property (valued at $400 or less) for a duration long enough that the owner would have been denied its value or enjoyment. The petty theft charge is also…

Penal Code 647(j)4 is a California statute that makes revenge porn a criminal offense. PC 647j4 is a misdemeanor which makes posting of sexually explicit images or videos of a person online, without permission/consent. And in doing so causes the person to suffer serious emotional distress. Explicit images mean pictures of private parts such as breast, genitals and/or or anus. Defenses: no intentional distribution,…

Lewd acts or lewd conduct are listed under section 647 of the California Penal Code.  PC647(a) states that, “An individual who solicits anyone to engage in or who engages in lewd or dissolute conduct in any public place or in any place open to the public or exposed to public view.” What is considered LEWD? It’s any conduct that involves…

California law defines Penal Code 314, Indecent Exposure, as: “PC 314 Every person who willfully and lewdly, either: Exposes his person, or the private parts thereof, in any public place, or in any place where there are present other persons to be offended or annoyed thereby; or… Procures, counsels, or assists any person so to expose himself or take part in…

In the State of California, local police and prosecutors are firmly enforcing the criminal laws to cut down on the level of prostitution and solicitation for prostitution in order to appease business owners and residents in areas where sex workers and “Johns” are engaging in solicitation for prostitution in public.  As explained below, California Penal Code 647(b) defines solicitation for prostitution…

The legal definition of sodomy is sexual contact that takes place between the penis of one person and the anus of another. A violation of this law is a serious felony which can lead to years in state prison. Penal Code 286 is a California statute that makes sodomy a crime in certain situations, such as when an adult commits it with a minor or by…