California Penal Code 653.2 makes it a crime to send electronic communications (like IM’s, emails or text messages) with the intent of placing the recipient/victim in reasonable fear for his or her safety or that of his or her immediate family. This section is known has “indirect harassment’ or indirect cyber-stalking or harassment. With indirect electronic harassment, the defendant only…
California Penal Code 646.9 defines the crime of stalking as following, harassing, and threatening someone to the point that the person fears for his/her safety. Stalking is a wobbler and can be charged as a misdemeanor or a felony. Defenses: Threat was not credible Alleged victim is making false accusations, Defendant had no intent to cause fear, and/or Defendant was participating in a constitutionally protected activity Penalties: Misdemeanor Penalties Up to 1 year in County…
Under Penal Code 270, the crime of child neglect is when a parent willfully and without lawful excuse fails to provide necessities such as clothing, food, medicine, and shelter. It is generally a misdemeanor. Defenses: Was not a willful act, Have a lawful excuse, and/or Was falsely accused Penalties: County jail for up to 1 year, and/or Fine of up to $2,000 A judge can award misdemeanor or summary probation in lieu…
California Penal Code 242 defines the crime of battery as “any willful and unlawful use of force or violence upon the person of another.” One can be guilty of battery even if the victim does not suffer an injury or any actual pain. All that is required is that you touch the person in an offensive or unlawful way. PC 242 is also called simple battery. Battery is different…
PC 211-Robbery Charges Defense Attorney in Orange County Wais is an aggressive and compassionate attorney who believes everyone deserves the best defense possible. He’s experienced, aggressive, and relentless. He recently obtained probation with times served for a Felony Robbery Strike case with multiple charges from the same incident. Please view our case results. What’s the difference between Robbery and Burglary?…
California defines Penal Code 422 (criminal threats) as threats of death or great bodily injury that are intended to (and that actually do) place victims in reasonable and sustained fear for their safety or the safety of their families. Criminal threats are wobblers and can be charged as misdemeanor or a felony. *Remember, criminal threats can be charged whether or not you have the ability to carry…
California defines Penal Code 368 (elder abuse) as the physical or emotional abuse, neglect, or financial exploitation of a victim 65 years of age or older. The offense is a wobbler and can be charged as a misdemeanor or a felony with prison time! Typical scenarios: Ridiculing or embarrassing an elder patient for not being able to be self-sufficient Using fraud to convince an elderly person…
California Penal Code 273(d) defines the crime of child abuse as willfully inflicting on a child “cruel or inhuman corporal punishment or an injury resulting in a traumatic condition.” It’s a wobbler in California. This offense can be charged as misdemeanor or a felony. There can be a charge for every child and every incident as a separate count. A few examples are: Spanking or slapping a…
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…