Trespass in California is defined in Penal Code 602. Trespass is committed if you enter or remain on someone else’s property without permission or without a right to do so. This violation of the law is usually charged as a misdemeanor. Trespass Defenses: Defendant had the right to be on the property Defendant had a property owner’s consent Defendant did not act willfully,…
California defines burglary under Penal Code 459 as: “Every person who enters any house, room, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse or other building, tent, vessel, as defined in Section 21 of the Harbors and Navigation Code, floating home, as defined in subdivision (d) of Section 18075.55 of the Health and Safety Code, railroad car, locked or sealed…
Arson is willfully and maliciously setting fire to or burning or causing to be burned or aiding, counseling, or procuring the burning of, any structure, forest land, or property. Is Arson a felony or misdemeanor? Arson is deemed an inherently dangerous felony, not a misdemeanor. The reasoning is that structures, forests, and properties tend to contain humans or animals which…
Vandalism is any damage or destruction of personal property which is owned by someone else. While vandalism is usually a misdemeanor, a criminal record can have long-lasting effects on jobs, schools, and professional licenses. Vandalism (a) Every person who maliciously commits any of the following acts with respect to any real or personal property not his or her own, in cases…
What to do after a Hit & RUN Accident? Call an experienced Hit and Run Lawyer in Orange County! Do not speak to the police–ask for a lawyer immediately. Do not give any statements in writing or verbally to anyone, except your lawyer. Take notes as best as you can to give to your attorney. You will not remember details…
California defines Exhibition of Speed as follows: Vehicle Code (VC) 23109 (a) A person shall not engage in a motor vehicle speed contest on a highway. As used in this section, a motor vehicle speed contest includes a motor vehicle race against another vehicle, a clock, or other timing device. For purposes of this section, an event in which the…
VC 10851 California defines joyriding or unauthorized use of vehicle charge as: CA Vehicle Code Section 10851 “(Any person who drives or takes a vehicle not his or her own, without the consent of the owner thereof, and with intent either to permanently or temporarily deprive the owner thereof of his or her title to or possession of the vehicle,…
Vehicle Code 14601 VC makes it a crime in California to drive a motor vehicle while your license is suspended or revoked. A violation of this statute is a misdemeanor. People can have their licenses suspended for various reasons such as: driving a vehicle after having their license suspended for a DUI (a misdemeanor under VC 23152(a)) operating a car after license revocation for being a…
In California, a driver/person commits the crime of vehicular manslaughter by driving in a negligent or unlawful manner and thereby causing the death of another person. Attorney Azami has defended against charges of vehicular manslaughter. The seriousness of the charges and punishments depend on; the degree of negligence involved (gross vs non-gross negligence), if the driver was intoxicated (drugs or alcohol),…
What is a reckless driving charge in California? Reckless driving involves driving a vehicle in a manner that is unsafe and puts the public and/or driver himself in danger. Although most people misspell it by writing “wreckless driving,” it is reckless. Examples of reckless driving are: Driving much faster than the speed limit through residential areas or school zones. “Burning rubber”…